Floppy Ear Files
Insurance coverage and private arbitration blawg.
It’s like a legal thriller, but with fewer car (or beagle) chases and more “Did they really mean that in the policy?” Let’s decode the mysteries, strategies, and occasional absurdities of this fascinating (in an insurance sort of way) world.
Hickory Dickory Dock, COVID-19 Stopped Our Clock
This article was previously posted on March 31, 2020 when the Ontario legislature froze all limitation periods in Ontario. The issue of whether it applied to the 90-day notice requirement in section 3 of OReg 283/95...
Insured’s Coverage Claim Knocked Out
This article was previously posted in June 2020 The Ontario Court of Appeal has overturned a lower decision that found an insurer owed a duty to defend an insured in a sexual assault claim, under a commercial general...
SCC finds nexus in Zurich v. Chubb
This article was initially posted in April 2015. The Supreme Court of Canada has reversed the Ontario Court of Appeal's decision in Zurich v. Chubb. The claimant was driving a Ford Windstar that she had rented from...
Ice is Back with a Brand New Accident Benefits Coverage Decision
This article was initially posted in May 2021. Does slipping on ice next to a vehicle come within the definition of accident under Ontario's statutory accident benefits scheme? Ok Stop. Collaborate and, ummmmm...
ONCA: No “trial within a trial” in the duty to defend
This article was previously posted in October 2022. The Ontario Court of Appeal recently considered the traditional pleadings rule and found that the duty to defend cannot be ousted by use of premature evidence, that...
Priority Insurer Has No Options
NOTE: This article was previously posted in July 2019. The decision was overturned in Continental Casualty Company v. Chubb Insurance Company of Canada, 2022 ONCA 188 (CanLII) Can the insurer, who is required to waive...
ONCA Stops Rolling Limitation Period For Business Interruption
This article was previously posted in August 2019. The Ontario Court of Appeal has held that business interruption claims are not subject to a rolling limitation period. In Marvelous Mario's Inc. v. St. Paul Fire, the...
No Void Ab Initio For Auto
This article was initially posted in May 2019. Can an Ontario insurer treat an automobile policy as being void ab initio and deny a claim in its entirety as a result? The Court of Appeal for Ontario says "no". Merino...
How Much Risk Does A Builder’s Risk Risk?
When a builder negligently repairs a school’s gymnasium roof, which causes rain to spill into the gym and damage the wooden floor below, does the builder’s All Risk Builder’s policy cover the damage to the floor?...
Digital Privacy Act brings hurrahs, headaches to insurers
On June 18, 2015, the Digital Privacy Act received Royal Assent and is now law in Canada. The Act amends PIPEDA in a number of ways, but there are three major changes that insurers need to know about: Organizations...
PHIPA does not protect health information custodians from lawsuits
The Court of Appeal for Ontario has held that a hospital can be sued (in a proposed class action) for a privacy breach. In Hopkins v. Kay, the class plaintiff alleged that her records as a patient at the Peterborough...
Loss transfer limitation rolls along
The Superior Court has upheld an arbitrator's decision, finding that loss transfer is subject to a two-year rolling limitation period. In Economical v. Zurich, the claimant was driving a car and was involved in a motor...