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Legal Blog

04 Aug 2020

Court Orders Insured to Participate in Statutory Appraisal Process

by Andrew Moss

Kenney v Johnson Inc., 2020 NSSC 196

This case arises from a housefire that occurred in November of 2017. The home belonged to Ms. Bernice Kenney and was insured by Unifund Assurance Company.

After the fire, Ms. Kenney made a claim to Unifund under the policy.  The parties settled the claims for the contents of the house and Ms. Kenney’s additional living expenses resulting from the fire.  In addition, Unifund paid Ms. Kenney the actual...

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04 Aug 2020

Insurer Must Defend Insured Company in Data Breach Lawsuit Despite Policy’s Data Exclusion Clause

by Andrew Moss

Laridae v Co-Operators, 2020 ONSC 2198

This is one of Canada’s first decisions to consider insurers’ duty to defend insured companies against lawsuits involving data breaches.

Family and Children Services of Lanark, Leeds and Grenville (“FCS”) retained Laridae Communications Inc. to update their website and advise them on issues relating to its design and security.

In 2016, an unauthorized party accessed documents from a secured...

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04 Aug 2020

Insurer Not Obliged to Defend Insured Business Against Lawsuit Involving Sexual Abuse

by Andrew Moss

Southside Muay Thai Academy Corp. v Aviva Insurance Company of Canada, 2020 ONCA 385

This case involves an appeal by Aviva Insurance Company of Canada from an Ontario Superior Court of Justice decision finding it must defend its insured business, Southside Muay Thai Academy Corp. (“Southside”), against an action brought by one of its students.

A minor student of Southside brought an action alleging that in May of 2017, she was sexually...

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02 Jul 2020

Action under Family Protection Endorsement Dismissed Due To Significant Benefits from Other Sources

by Admin

Burke Estate v. Royal and Sun Alliance Insurance Company of Canada, 2020 NBQB 74

In 2000, Michael Burke was involved in a motor vehicle accident when an oncoming vehicle crossed the centerline and collided head-on with Mr. Burke's tractor-trailer. The driver of the other vehicle was killed, and Mr. Burke sustained serious personal injuries.  Mr. Burke was not wearing his seatbelt when the accident occurred.

The evidence suggests the other...

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02 Jul 2020

Inconsistencies between French and English Versions of Policy Result in Insurer’s Duty to Defend

by Admin

Chiasson et al. v. Intact Insurance Company, 2020 NBCA 37

Jean-Francois Chiasson attended a high school graduation party at an establishment known as the ‘Beach Club’ in Pointe-Calumet, Quebec. A physical altercation ensued between two groups, with one individual suffering injuries. Police attended but did not lay criminal charges.

The injured party brought a civil action against Jean-Francois, his parents Hector and Anna Chiasson, and...

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