Notice to Clients Regarding COVID-19

Legal Blog

01 Feb 2021

Life insurer brings summary judgment motion on the basis that the insured had misrepresented

by Admin

Kulp Estate v. Cumis Life Insurance 2019 ONSC 7495

This summary judgment motion was brought by the defendant insurer on the basis that there was no genuine issue requiring a trial. It was the insurer’s position that the single issue in the action was whether the insurer was entitled to rescind the deceased insured’s life insurance policy on the basis that he misrepresented material facts regarding his diabetes on a supplementary health...

Read More
01 Feb 2021

When is a flood a flood?

by Admin

Le Treport Wedding & Convention Centre Ltd. v. Co-operators General Insurance Company, 2020 ONCA 487.

Following an unparalleled record rainfall in the greater Toronto area in which an excess of 90 mm of rain fell in less than two hours, a banquet hall was flooded. The rain flooded the road adjacent to the banquet hall and filled a neighboring ditch. Nearby creeks spilled over. Water entered the banquet hall through its doors, down through...

Read More
01 Feb 2021

Can a home inspector be found liable for more damages than his inspection fee?

by Admin

Smith v. Asaff, 2021 NSSC 16

On February 26, 2009, the Plaintiff, Michael Smith hired T.E. Gordon Home Inspections Inc. to conduct a home inspection prior to purchasing a home from co-defendants Ab Mason Asaff and Doreen Asaff. The property inspector provided the Plaintiff with an Inspection Agreement at the property on the date of the inspection. This Inspection Agreement had the following clauses:

T.E. Gordon Home Inspections Inc. agrees...

Read More
12 Nov 2020

Congratulations Steve

by Admin

Foster & Company is exceptionally pleased to announce Steven R. Barnett’s upcoming appointment as Q.C.  Steve has been providing outstanding service in litigation since he began practicing law in 1996.  We are thrilled to be a part of this accomplishment.  Congratulations Steve!

Read More
25 Aug 2020

J. Charles Foster, Q.C. has been inducted into the Canadian Academy of Distinguished Neutrals

by Admin

We are pleased to announce that J. Charles Foster, Q.C. has been inducted into the Canadian Academy of Distinguished Neutrals (CADN).

J. Charles Foster, Q.C. is the Principal and Senior Lawyer at Foster & Company, a litigation firm he created in 1997.  His practice focuses primarily on complex corporate and commercial litigation as well as insurance defence and mediation. 

J. Charles Foster, Q.C. is a highly skilled, successful, and...

Read More