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Legal Blog

05 Jan 2021

When there are two applicable insurance policies, who has a duty to pay defence costs?

by Médérik Menard

Markham (City) v. AIG Insurance Co. of Canada 2020 ONCA 239.

A young boy, watching his brother’s hockey game at the community centre was injured when a hockey puck flew in his face.  The City and Hockey Canada were sued and they each cross-claimed against one another.  The City was insured by Lloyd’s Underwriters under a commercial general liability policy with a policy limit of $5 million. 

Lloyd’s policy wording indicated it would apply...

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05 Jan 2021

Insured’s excessive speed alone does not constitute “race” or “speed test”

by Médérik Menard

Vyas v. Brown, 2020 ONSC 4916


The insured was driving on highway 400 in Ontario at a speed between 198 – 215 km per hour when he struck another vehicle, injuring the passengers in the other vehicle.  The insured was charged and pled guilty to dangerous driving causing death. The insurer applied summarily for a declaration that the insured was in violation of his policy that prohibited the use of an automobile in a “race” of a “speed...

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05 Jan 2021

When insurance policy’s French version is different than its English version

by Médérik Menard

Chiasson v. Intact Insurance Co., 2020 NBCA 37

The insurer, Intact Insurance Co., issued a Homeowners Broad Form policy to the insureds, whose son was also an insured under the policy.


The son was involved in an altercation at a club where he was celebrating his graduation from high school. The altercation resulted in injuries to a third party. The injured party brought an action against the son and his parents, as well as other...

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02 Jun 2020

Territorial limitation bars Plaintiff from recovery for auto accident in Philippines

by Médérik Menard

Wage v. Canadian Direct Insurance Inc., [2020] A.J. No. 139, 2020 ABCA 49

Ms. Leizle Wage was vacationing in the Philippines when she was struck and killed by a motorcyclist. Her husband made a claim to her automobile insurer, Canadian Direct Insurance Inc., for coverage from the Section B and SEF No. 44 portions of this policy.

Canadian Direct denied coverage on the basis that the motor vehicle accident which killed Ms. Wage was not “in...

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02 Jun 2020

Improperly cancelled policy leaves insurer liable

by Médérik Menard

Allstate Insurance Co. v. Her Majesty the Queen, 2020 ONSC 830

Allstate Insurance Company issued Mr. Daniel Miller an automobile insurance policy in July of 2012. In April of 2013, the policy was cancelled due Mr. Miller not paying his premiums. In March of 2014, Mr. Miller paid the amount owing on the cancelled policy and applied for a new insurance policy. The new policy was issued to Mr. Miller and was effective from March 22, 2014 to...

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