Insurance

  • June 12, 2025

    Reducing CRR burden: Keep ‘relevance’ as standard, reduce judge-presided conferences

    The Civil Rules Review Phase 2 (CRR) report mandates judicial case conferences in two forms: directions conferences and scheduling conferences. In addition, it proposes a completely new standard for productions while removing discovery, which is a cornerstone for ensuring necessary and adequate production. The CRR proposes a new production standard: production of “reliance” and “adverse” documents rather than keeping the current standard of relevance. The net result will be more ambiguity as to which documents are proper productions, and given the absence of discovery, a greater need to obtain full production of all “reliance” and all “adverse” documents.

  • June 11, 2025

    Nova Scotia Court of Appeal allows amendments in insurance case involving collapsed crane

    The Nova Scotia Court of Appeal has allowed contractors to amend their defences after learning about an existing policy in an insurance case where a crane fell during a hurricane.

  • June 11, 2025

    Judicial scarcity and Civil Rules Review: We can’t get there from here without more judges

    The Civil Rules Review Phase 2 (CRR) states: “There is consensus that the problem of access to timely and affordable civil justice has only gotten worse since Hryniak, particularly following the Supreme Court’s decision in R. v. Jordan” (Hryniak v. Mauldin, [2014] 1 S.C.R. 87; R. v. Jordan, [2016] 1 S.C.R. 631).

  • June 10, 2025

    Canada’s top judge declares ‘in this country, the rule of law is non-negotiable’

    Lawyers, as officers of the court, have a professional “responsibility and obligation” to defend the rule of law and the independence of the bar and judiciary against attacks, Chief Justice of Canada Richard Wagner said at his annual news conference in Ottawa.

  • June 06, 2025

    PM Carney appoints parliamentary secretaries to support lawyer-rich cabinet & PMO

    Prime Minister Mark Carney has tapped a number of lawyers to assist the many lawyers he has already appointed to key cabinet posts.

  • June 06, 2025

    Ontario’s civil justice revolution: Will fixed timelines finally deliver faster, fairer results?

    If you’ve ever wondered why civil lawsuits in Ontario can drag on for years, you’re not alone. Whether you’re a fellow personal injury lawyer, an accident victim or just someone following the news, Ontario’s proposed overhaul of its civil court rules is about to shake things up for everyone seeking justice.

  • June 04, 2025

    Ontario court increases damages award in lawyer’s negligence action to $273K

    The Ontario Court of Appeal has increased a damages award in a solicitor’s negligence action to nearly $273,000, granting compensation for legal fees and repairs after a lawyer missed the limitation period for claims related to a real estate transaction.

  • June 04, 2025

    Dealing with invisible disabilities in the workplace

    Researchers continue to discover new ways to diagnose and treat so-called “invisible disabilities,” giving new hope to long-term disability claimants.

  • June 03, 2025

    Ontario court underscores importance of policy wording in cases with multiple insureds

    In the recent decision of Surefire Dividend Capture, LP v. Berkshire Hathaway, 2025 ONCA 332, the Ontario Court of Appeal shed some light on how insurance policy language may be interpreted in cases involving multiple insureds.

  • June 02, 2025

    Prime Minister Carney taps Montreal lawyers for key roles in PMO

    Prime Minister Mark Carney has hired prominent Montreal lawyer Marc-André Blanchard, the former chair and CEO of McCarthy Tétrault LLP, as his chief of staff, while ex-federal justice minister David Lametti, counsel with Montreal’s Fasken, is also taking on senior responsibilities in the new Prime Minister’s Office (PMO), according to media reports.

  • June 02, 2025

    BMW awarded $190K in costs in dismissed engine defect class action

    BMW has been awarded $190,000 in costs for a dismissed class action that sought damages in relation to alleged defects in the engines of certain BMW vehicles with model years from 2012 to 2015.

  • May 30, 2025

    SCC rules Quebec licensing law does not apply to firms providing airport, maritime private security

    In a judgment that turns on the application of the constitutional doctrine of interjurisdictional immunity, the Supreme Court of Canada has ruled 9-0 that Quebec’s Private Security Act (PSA) does not apply to two companies that engage in airport and marine port security in the province because the Quebec law impairs activities at the core of exclusive federal jurisdiction over aeronautics, navigation and shipping.

  • May 30, 2025

    B.C. Court of Appeal rejects lower court insurance ruling, restoring coverage to mining company

    In the wake of a 2018 landslide in northern British Columbia, the B.C. Court of Appeal has overturned a lower court ruling, concluding that the judge erred by interpreting an insurance certificate and a broker’s actions too narrowly, cutting a mining company out of coverage for a lawsuit arising from the landslide.

  • May 30, 2025

    DND says it now offers independent legal advice to victims of sexual misconduct in the military

    The Department of National Defence (DND) says it has expanded the services of its Sexual Misconduct Support and Resource Centre to offer “independent” and “direct” free legal assistance to those 18 years and older, who have experienced sexual misconduct in a DND or Canadian Armed Forces (CAF) “context.”

  • May 29, 2025

    Carney says CIT ruling that certain Trump tariffs on Canada are illegal accords with Ottawa’s view

    Prime Minister Mark Carney welcomed yesterday’s now-paused U.S. Court of International Trade (CIT) ruling that set aside the Trump administration’s recent imposition of certain hefty tariffs on goods from Canada and other countries.

  • May 29, 2025

    FIRE INSURANCE - Exclusions

    Appeal by appellant from the dismissal of his action for damages against respondent insurance company. During its investigation of the fire, the insurer learned the appellant was growing marijuana plants, pursuant to a valid licence issued by Health Canada.

  • May 28, 2025

    Common pitfalls in tribunal adjudication of mental health matters, part two: Potential solutions

    In part one of this series, I highlighted due process and natural justice or fairness concerns identified by reviewing courts in two mental health tribunal proceedings. In a span of less than four weeks recently, decisions of Ontario’s civil mental health adjudicator, the Consent and Capacity Board, and the Criminal Code-based forensic psychiatric administrative tribunal, the Ontario Review Board, were overturned and returned to them for re-hearing in Hastick v. Banik, 2025 ONSC 3007 and Clayton (Re), respectively.

  • May 28, 2025

    Ontario reintroduces Act to attract surveyors, enable carbon storage and tackle wildfires

    The Ontario government has re-introduced the Resource Management and Safety Act, aimed at enabling and regulating the use of carbon storage technology, as well as attracting more land surveyors to support Ontario’s plan to build more homes and other infrastructure.

  • May 28, 2025

    Elie Laskin joins Harper Grey as an associate

    Harper Grey has announced the addition of Elie Laskin as an associate in its health and insurance law groups.

  • May 28, 2025

    Pitfalls in tribunal adjudication of mental health matters: Issues identified by reviewing courts

    This past month, two different reviewing courts have provided very similar guidance to two different mental health tribunals in Ontario. On April 24, 2025, the Court of Appeal for Ontario found that Ernest Clayton’s fitness review hearing before the Ontario Review Board constituted a miscarriage of justice and must be reconsidered afresh. Similarly, on May 21, 2025, the Superior Court of Justice returned a review of Arlene Hastick’s Community Treatment Order to the Consent and Capacity Board for re-hearing on the basis that she was denied procedural fairness.

  • May 27, 2025

    Civil court delay reduction and prejudgment interest

    In fall 2023, Attorney General Doug Downey created the civil rules review (CRR) with a mandate to identify issues and develop proposals for reforming the Rules of Civil Procedure. The CRR’s Phase 1 Consultation Paper asked: What reforms might improve efficiency and reduce delays and costs?

  • May 26, 2025

    Burned by ambiguity: Court of Appeal reinstates coverage for fire in licensed marijuana grow op

    The British Columbia Court of Appeal’s recent ruling in Busato v. Gore Mutual Insurance Co., 2025 BCCA 79 serves as a caution for insurers relying on broadly framed exclusion clauses. The court overturned the trial judge’s decision to uphold the insurer’s denial of coverage, finding that the exclusion relied upon was ambiguous, unreasonable and ultimately unenforceable.

  • May 23, 2025

    CSA announces proxy delivery relief if postal service suspended

    The Canadian Securities Administrators (CSA) has announced that regulators will offer temporary relief from current requirements to deliver proxy-related materials for shareholder meetings if a Canada Post strike completely suspends postal service.

  • May 23, 2025

    Five new associates at Harper Grey

    Harper Grey has welcomed five of its 2024–25 articling students as associates: Jayden Friesen-Kehler, Jasmine Kang, Charlotte Lam, Haiger Ye and Jordan Yonge.

  • May 22, 2025

    CIVIL PROCEDURE - Settlements - Releases - Enforceability

    Appeal by appellant from order of chambers judge to enforce summarily a settlement agreement with respondents and from finding settlement was valid. The appellant accepted a settlement offer from the respondents’ insurer to resolve a personal injury claim arising from a motor vehicle accident.

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