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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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01 Apr 2020

Employment issues resulting from COVID-19

by Andrew Moss

As a result of the COVID-19 pandemic, New Brunswickers may be prevented from working for several reasons:

  • Illness and quarantine due to contracting COVID-19;
  • Quarantine due to travel or exposure;
  • Caring for sick family members;
  • Supervising children because of school closures; and
  • Layoffs resulting from businesses closing or downsizing

Employees who are prevented from working may be eligible for benefits from the...

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31 Mar 2019

Well documented files protect broker and insurer from liability

by Andrew Moss

Siddall Jewellery Co. Ltd. v Angus-Miller Ltd., 2019 NBQB 042

The Plaintiffs, Siddall Jewellery Co. Ltd. and Siddalls Lazer Tec Engraving Ltd., were stores in Miramichi, New Brunswick.  Siddall Jewellery Co. Ltd. sold and repaired jewellery, watches and clocks.  Siddalls Lazer Tec Engraving engraved items such as trophies and gifts.  In 2006, the Plaintiffs’ owner-operator, Roy Siddall, purchased a commercial insurance policy for the...

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