Have You Been Denied a Life Insurance Payout?
January 27, 2026 By Jonathon Clark The death of a loved one is traumatic. The disappointment and distress are just added to if their life insurer refuses you a payout on the policy. Not all denials are valid. Some, of course are. ISSUE How do you know whether or not it is worth it to […]
Sometimes You Can Get an Adjournment
January 6, 2026 By Brian Babcock We have written before about the difficulties created if you need, or simply want, an adjournment of a hearing. Adjournments are not automatic, and when a matter is set for an actual hearing, courts and tribunals understandably want to make good use of the time. Opposing parties also have […]
Changing Attitudes and Changing Law
November 18, 2025 By Brian Babcock Will your homeowners insurance pay you for a loss to your property if you grow marijuana at home? Whether this specific risk may apply to you or not, it is a question which has popped up in the courts and usefully illustrates some risks to your coverage. THE CASES […]
Does Your Insurance Cover Flood Damage?
October 7, 2025 By Jonathon Clark Until recently, most insurance for homeowners and small businesses in Ontario did not cover damage from floods. This was because most policies contained exclusions stating that overland water damage was not covered. With climate change there has been increased demand for insurance to cover flood risks and the insurance […]
Interpretation of Insurance Policies Can Favor the Insured
March 13, 2025 By Jonathon Clark Insurance policies are drafted by insurers. THE ISSUE Therefore, when a dispute arises over the interpretation of the policy, Ontario courts will often favour an interpretation which favours the insured. When and why is this the case? THE CASE 904950 Ontario Limited v. Dominion of Canada General Insurance Company […]
Slip and Fall or Automobile Accident?
March 4, 2025 By Brian Babcock A person slips and falls in an icy parking lot while holding their key fob and reaching out to open their car door. They are not touching the car when they fall. The fall is caused by the ice, not by the car. THE ISSUE Is this a slip […]
Do You Need Winter Tires?
February 18, 2025 By Brian Babcock In the Province of Quebec, winter tires are mandatory during winter months. Ontario has no such law. There is no question that snow tires reduce collisions. Some insurers offer discounts if you install winter tires. There do not appear to be any court decisions in Ontario in which the […]
Does Business Interruption Insurance Cover Covid Related Losses?
December 24, 2024 By Brian Babcock The mandatory shutdowns and limitations on business activities during the height of the Covid pandemic caused many businesses to suffer losses, or less profit than anticipated. THE ISSUE To mitigate these losses, many businesses filed claims with their commercial property insurers claiming under their business interruption coverage. Perhaps you […]
Give Prompt Notice To Your Insurer
November 26, 2024 By Brian Babcock Chances are that you have an insurance policy that includes protection against claims by others. This includes a right to a defence at the cost of the insurer. If there is uncertainty about coverage, the insurer is often ordered by a court to fund the defence, subject to a […]
The Duty to Defend Mixed Claims
November 14, 2024 By Brian Babcock In insurance litigation, “mixed claims” refers to an action which contains claims which are both insured and uninsured. The issue of who pays the cost of defence of mixed claims often arises. This issue has been considered by the Ontario Court of Appeal in Live Nation Ontario Concerts GP, […]