Canadian Bar Association - Member Articles

Options for defence counsel when dealing with the vexatious litigant

March 30, 2017
Christopher Martyr

I wrote this article with the hope of providing a road map for counsel who practise in and outside of the province of Ontario and are looking for a quick summary on how to deal with claims that they consider frivolous and vexatious and an abuse of process.

It’s settled: Future CPP disability benefits are not deductible

February 24, 2017
Jillian Kean

On Jan. 27, 2017, the Supreme Court of Canada decided in Sabean v Portage La Prairie Mutual Insurance Co. that future CPP disability benefits are not deductible from coverage afforded by an SEF 44 Endorsement.

Builders’ risk insurance: Supreme Court clarifies rules of interpretation

January 17, 2017
Nathalie Durocher, Mary Delli Quadri and Stephanie Massé

In a very recent judgment, the Supreme Court of Canada recalled and clarified the rules of interpretation applicable to builders’ risk insurance policies.

Police access to accused statements to the insurer

July 14, 2016
Brian A. Vail, Q.C.

Across Canada, drivers who get into accidents for which they may be liable for injury, death or damage look to their insurers to defend them for such civil claims. Auto policies require them to cooperate with the insurer, which almost always involves providing a statement about the accident. In a recent fatality case, police attempted to access the accused’s statement to his insurance adjuster and use it against him in a prosecution.

Is anybody home? <abbr lang="en" title="British Columbia Court of Appeal">BCCA</abbr> clarifies scope of vacancy exclusion in homeowner’s policy

Is anybody home? BCCA clarifies scope of vacancy exclusion in homeowner’s policy

November 15, 2014
Laura A. Wright

Establishing a daily presence in the home is not equivalent to occupying it, and neither is leasing the place to tenants who have stored some things there prior to moving in, the B.C. Court of Appeal ruled.

Landlord assumes loss if contracts to obtain property insurance

November 15, 2014
Lori Leung

If a landlord contracts to obtain property insurance, it assumes the loss if it fails to take out that insurance, even if damages are caused by the tenant’s negligence.

Significant changes to Manitoba’s Insurance Act take effect

November 15, 2014
Jamie M. Horyski

Jamie M. Horyski, counsel for The Great-West Life Assurance Company in Winnipeg, takes us through some of the changes to Manitoba’s Insurance Act that took effect on Sept. 1.

Paving the way forward: automobile claims and diminished value

April 15, 2014
Alexander Yiu and John Gilbert

What is the evidentiary standard for proving a claim in inherent diminished value, and how do you quantify damages for repair diminished value?

An insurer’s duty to defend

April 15, 2014
Albert Wallrap

When it comes to an insurer’s duty to defend, the legal landscape is far from well-mapped despite the Supreme Court trilogy which affirmed the longstanding “pleadings rule.”

<em>Kozel v. The Personal Insurance Co.</em>: the latest word on relief from forfeiture

Kozel v. The Personal Insurance Co.: the latest word on relief from forfeiture

April 15, 2014
Lori Mountford

In Kozel v. The Personal Insurance Company, the OCA ruled that the fact that the insured didn’t have a valid driver’s licence at the time of an accident had no bearing on whether her insurance company should be on the hook for the claim.

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