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, […]
If Your Wall Falls Down
October 10, 2024 By Brian Babcock Insurance policies cover fortuitous losses, but what does that mean? Lalani Properties International Inc. v. Intact Insurance Company is a very long Ontario Court of Appeal decision, which we have read so you don’t have to. One of the reasons it is so long is that it deals with […]
Weather and the Law
October 8, 2024 By Brian Babcock Weather- everybody talks about it, but no one does anything about it. In Thunder Bay weather can range from heat in the summer to extreme cold in the winter – with lots of thunderstorms, as the name implies. At Weilers LLP we cannot control the weather, but weather is […]
How To Read An Insurance Policy
August 22, 2024 By Brian Babcock If you have an insurance claim, it may be determined based upon the wording of your insurance policy. These are complex documents that are often hard to understand. THE BASICS Every word means something. Words are given their plain meaning, unless they are a defined term. Words are read […]
Contempt Of Court May Be Fatal To Your Case
August 13, 2024 By Jonathon Clark Penalties for contempt vary greatly, but it is extremely rare to see a “death penalty” where a case is dismissed. It is a central principle of our legal system that wherever possible, cases should be determined on their merits, not based on procedural considerations. ISSUE Something as simple as […]
Insurer’s Pollution Exclusion Did Not Apply
August 6, 2024 By Jonathon Clark Many commercial insurance policies, and homeowners policies, contain forms of pollution exclusions. They vary from policy to policy, but because they are written by insurers, they attempt to severely or absolutely limit the situations in which insurers must indemnify property owners or occupiers for spills. As with any insurance […]