https://gowlingwlg.com/ecaapi/en-cn/rss/resource?service=Insurance+%26+Professional+LiabilityGowling WLG Resources RSS Feedc2172b35-5513-4793-ae72-387d30af5cd4https://gowlingwlg.com/en-CN/insights-resources/articles/2026/ontario-superior-court-clarifies-bond-3-percent-premium-taxOntario insurers writing surety business may need to revisit how they report surety fee income following a Superior Court decision confirming that these fees fall within the province’s premium-tax regime.Wed, 05 Aug 2026 00:00:00 Z28e3623b-47db-4660-9982-2aa033b4406fhttps://gowlingwlg.com/en-CN/insights-resources/articles/2026/fsra-warns-of-unlicensed-gap-insurance-sales-in-ontarioFSRA is warning that some GAP insurance products sold in Ontario may not be backed by a licensed insurer. Businesses involved in distributing or facilitating this coverage should review their products, documentation and licensing arrangements.Wed, 29 Jul 2026 00:00:00 Z454b83e1-db0f-4fb2-aa6f-fe7198ff1ac0https://gowlingwlg.com/en-CN/insights-resources/articles/2026/reopen-consultation-mga-licensing-frameworkLearn what insurers, MGAs and intermediaries should be watching before the August 17 consultation deadline.Thu, 16 Jul 2026 00:00:00 Z0d0eeb25-135e-4601-8efe-7842b0abd690https://gowlingwlg.com/en-CN/insights-resources/on-demand-webinars/2026/from-bids-to-bricks-laying-the-foundationIn this session, we will focus on procurement strategies and professional liability insurance, with a focus on key legal principles and risk management considerations.Mon, 06 Jul 2026 00:00:00 Zc19a89e1-4bbb-49e4-bdef-1b99eb8e69d6https://gowlingwlg.com/en-cn/insights-resources/client-work/2026/gowling-wlg-secures-win-at-scc-for-trillium-mutual-insuranceOn January 30, 2026, the Supreme Court of Canada released its decision in Emond v. Trillium Mutual Insurance Co., 2026 SCC 3, which concerned a dispute over a guaranteed replacement cost endorsement to a home property insurance policy.Wed, 04 Feb 2026 00:00:00 Zf685c154-3080-4b94-94f9-5164a3c4a501https://gowlingwlg.com/en-CN/insights-resources/articles/2025/double-down-on-pierringer-agreementsFor defendants facing joint liability with underfunded parties, settling early can limit risk, reduce trial exposure and help trigger broader resolution across multi-party disputes.Mon, 23 Jun 2025 00:00:00 Z2bc3da9f-d86f-48cb-9405-452d5f3819d1https://gowlingwlg.com/en-CN/insights-resources/articles/2025/deasan-holdings-ltd-v-continental-casualty-companyIn a recent BC Court of Appeal decision, Continental Casualty Company was found to owe a duty to defend Deasan Holdings after a gravel pit landslide.Wed, 11 Jun 2025 00:00:00 Z998228d9-6b25-4263-9cae-55fdbc42ca9ahttps://gowlingwlg.com/en-CN/insights-resources/guides/2025/navigating-privacy-lawThis guide is most relevant for allied health professionals in Ontario seeking legal guidance that applies to single discipline, private practice environments.Wed, 12 Mar 2025 00:00:00 Ze4048fbe-635a-41b5-8873-7d88a7006e09https://gowlingwlg.com/en-CN/insights-resources/articles/2024/the-supreme-court-ends-debate-over-the-standard-of-review-for-regulationsOn Nov. 8, 2024, the Supreme Court released its highly anticipated decisions in the Auer and TransAlta companion appeals.Wed, 13 Nov 2024 00:00:00 Z9421c761-df2f-4106-978a-49ecd4c39ef8https://gowlingwlg.com/en-cn/insights-resources/articles/2024/ontario-court-of-appeal-confirms-claims-coverageIn a recent decision, the Ontario Court of Appeal reinforced that “claims-made and reported” coverage demands claims be both made and reported properly. The case of Furtado v Lloyd’s Underwriters examines whether the insured could receive coverage despite failing to promptly report the claims.Fri, 09 Aug 2024 00:00:00 Zc184af54-395b-48be-81ca-053e22de6ca2https://gowlingwlg.com/en-CN/insights-resources/client-work/2024/nexphase-capital-announces-investmentOn June 6, 2024, NexPhase Capital, LP ("NexPhase") announced that it had made an investment in Insurance Systems Inc. ("ISI"), a provider of enterprise software solutions to the property and casualty insurance industry. NexPhase's investment will help enable ISI's continued growth in its existing markets, position the company for expansion into adjacent markets and facilitate continued product improvements designed to allow for more integrations, faster implementation and enhanced analytics for new and existing customers.Thu, 06 Jun 2024 00:00:00 Zaccbda88-46da-429f-af59-23da39e572cbhttps://gowlingwlg.com/en-CN/insights-resources/articles/2024/bc-tunes-up-approach-to-vehicle-service-contractsBCFSA's Regulatory Statement 24-008 clarifies vehicle service contracts constitute automobile insurance in British Columbia, with significant implications for manufacturers, retailers, and automobile dealers.Tue, 07 May 2024 00:00:00 Z332e8ab1-1dda-4f68-9aaf-20d17c553b03https://gowlingwlg.com/en-CN/insights-resources/client-work/2024/tri-innovations-acquired-by-north-american-rail-solutions-in-cross-border-dealOn June 20, 2024, North American Rail Solutions, a provider of railroad design, construction, maintenance, and operating services based in Fort Worth, Texas, announced the acquisition of Tri Innovations Consulting Ltd.Fri, 03 May 2024 00:00:00 Z397b0e6b-b197-42ee-a283-48f24e38c51fhttps://gowlingwlg.com/en-cn/insights-resources/articles/2024/alberta-revises-reporting-process-privacyAs of April 1, 2024, the Office of the Information and Privacy Commissioner of Alberta has updated its procedure for processing privacy breach notifications under the Personal Information Protection Act (Alberta) and associated Personal Information Protection Act Regulation.Thu, 18 Apr 2024 15:43:00 Z6d4234db-61be-4060-b436-e2606a5461behttps://gowlingwlg.com/en-CN/insights-resources/articles/2024/insurance-council-of-manitoba-corporate-licensingThe ICM is seeking comments on proposed licensing amendments that include the introduction of corporate licensing fees and signal the future implementation of corporate licensing. The consultation process is open until May 6, 2024.Tue, 02 Apr 2024 00:00:00 Z6be28a32-92e3-4c3c-bc1e-61dde8d12268https://gowlingwlg.com/en-CN/insights-resources/articles/2024/fsra-to-conduct-mga-reviewOn February 22, 2024, the Financial Services Regulatory Authority of Ontario (“FSRA”) published its Supervision Plan:  Property & Casualty Insurer – Managing General Agent Outsourcing Relationships (the “Supervision Plan”).Thu, 07 Mar 2024 14:12:00 Z239fa9fe-b05d-4447-a664-57e67e3d64f6https://gowlingwlg.com/en-CN/insights-resources/articles/2024/court-of-appeal-ontario-clarifies-coverage-costsThe Court of Appeal for Ontario has released its decision in Loblaw Companies Ltd. v. Royal & Sun Alliance Insurance Co. of Canada,[1] a case that drew much attention in 2022[2] for, among other things, the application judge’s direction as to costs allocation and information sharing where multiple insurers owe the same insured a duty to defend.Wed, 06 Mar 2024 00:00:00 Z69ffd22d-5bf7-447a-9b69-e91106a169d1https://gowlingwlg.com/en-CN/insights-resources/articles/2024/new-licensing-for-insurance-business-in-yukonIn 2023, Yukon Professional Licensing and Regulatory Affairs ("PLRA") introduced a new entity-level insurance agency licence for insurance intermediaries (corporations and partnerships) carrying on business in the Yukon.Tue, 05 Mar 2024 00:00:00 Z266160fe-9528-46d4-98ed-616c875aea7bhttps://gowlingwlg.com/en-CN/insights-resources/articles/2024/submit-comments-on-fsras-by-march-8We remind interested parties to submit comments to the Financial Services Regulatory Authority of Ontario's (FSRA) consultation about its proposed approach to strengthen the protection of vulnerable consumers in its regulated sectors (Proposed Approach). FSRA has requested comments on the Proposed Approach by March 8, 2024.Wed, 28 Feb 2024 00:00:00 Zd03a91b8-8ebe-4b8f-9a9b-b3aaa4be5dfbhttps://gowlingwlg.com/en-cn/insights-resources/articles/2024/insurance-council-of-bc-changes-to-licensingThe Insurance Council of British Columbia is introducing changes to licensing for Level 3 insurance adjusters and Level 3 general insurance agents. The Level 3 licences will be based entirely on education and experience with no requirement for a managerial role or ownership interest.Thu, 22 Feb 2024 00:00:00 Z568f061f-849b-483b-9e01-c93c583633f9https://gowlingwlg.com/en-cn/insights-resources/articles/2023/court-insurer-not-obliged-undisclosed-settlementExplore a recent court ruling that sheds light on the importance of clear communication between insurers and insureds. Find out why an insurer was not obligated to contribute to a settlement in a fire damage case, and gain valuable insights into coverage expectations in the insurance industry.Fri, 03 Nov 2023 00:00:00 Z231ece04-8b85-4411-a9c9-8accf93b0603https://gowlingwlg.com/en-CN/insights-resources/articles/2023/alberta-court-confirms-insurable-interest-arisesIn Duri Homes Ltd v Quest Coatings Ltd, 2023 ABCA 276, the Alberta Court of Appeal clarified the analysis for determining when a party claiming the benefit of an insurance policy is an insured and has an insurable interest in the subject matter of the insurance.Mon, 16 Oct 2023 00:00:00 Zc99404d0-93ff-4a33-a5ad-3922b9de65abhttps://gowlingwlg.com/en-cn/insights-resources/articles/2023/covenants-to-insure-insurance-not-fully-coveredIn Jakab v Clean Harbors Canada Inc ., the Ontario Court of Appeal considered contractual provisions regarding insurance for a commercial vehicle. This case highlights the importance of reviewing insurance coverage obtained pursuant to the terms of a commercial agreement.Wed, 05 Jul 2023 18:08:00 Z97bf5245-1b76-46af-8cde-4182318958f5https://gowlingwlg.com/en-cn/insights-resources/articles/2023/restricted-insurance-licenses-british-columbiaBusinesses in British Columbia (BC) that sell insurance incidental to their ordinary course of business will soon be required to take out a restricted insurance agent's license.Wed, 05 Jul 2023 18:07:00 Zb98502ac-b5fd-4e26-bc6a-d896b165e3e8https://gowlingwlg.com/en-CN/insights-resources/articles/2023/broker-negligence-failing-give-notice-claimIn Kestenberg Siegal Lipkus v Royal & Sun Alliance Ins Co, the Ontario Superior Court considered whether relief from forfeiture applied where an insured did not give notice of a claim due to their broker's negligence.Wed, 05 Jul 2023 18:05:00 Z99090fb2-68c0-4398-bb03-f8d318322849https://gowlingwlg.com/en-CN/insights-resources/articles/2023/increased-civil-claims-limit-in-albertaIn a move to better facilitate Albertans' access to justice, the provincial government has increased the small claims limit from $50,000 to $100,000.Mon, 19 Jun 2023 12:41:00 Zc60f1618-1d87-4d34-9760-291e3d465c19https://gowlingwlg.com/en-CN/insights-resources/articles/2023/distribution-of-insurance-and-incentivesInsurers routinely rely on a distribution network made up of insurance intermediaries including managing general agents, brokers and agents, for the sale of insurance products.Mon, 12 Jun 2023 14:01:00 Z883d1fc0-28aa-4042-96f8-6157c6106ab9https://gowlingwlg.com/en-cn/insights-resources/articles/2023/words-critical-in-interpretation-exclusion-clauseIn the recent case of Aviva v 8262900 Canada, Justice Koehnen of the Ontario Superior Court of Justice considered the application of a data exclusion endorsement in a commercial general liability policy.Mon, 12 Jun 2023 13:58:00 Zd390c646-54b7-4bb5-8144-0562cc4dca3ahttps://gowlingwlg.com/en-CN/insights-resources/articles/2023/decision-demonstrates-co-insurance-defence-limitsWhat is meant by "co-insurance defence" and why did the Court of Appeal decide that the contractor in the recent FM Conway Limited v The Rugby Football Union case was not entitled to rely upon it? Our Construction and Insurance teams discuss the decision in this article.Tue, 06 Jun 2023 00:00:00 Z4481ee6a-d93a-495e-ae30-5ae072965d08https://gowlingwlg.com/en-CN/insights-resources/on-demand-webinars/2023/best-practices-for-canadian-businesses-insuranceCyber attacks, including ransomware, continue to grow more sophisticated and more prevalent each passing year. Despite this, many Canadian companies have been slow to secure cyber insurance coverage – and those now wishing to do so may face a brittle insurance climate.Mon, 29 May 2023 00:00:00 Z60123759-083f-4cec-89dd-e17d48c0281ahttps://gowlingwlg.com/en-CN/insights-resources/articles/2023/all-dressed-up-and-no-duty-to-defendThe Court of Appeal upheld the application judge's decision, agreeing that the negligence claim was derivative of an intentional tort, and that the policy's intentional and criminal act exclusion clearly applied.Wed, 03 May 2023 00:00:00 Zf71d3682-d226-4844-875a-5051c881d55fhttps://gowlingwlg.com/en-CN/insights-resources/client-work/2023/gresham-house-renewable-energy-vcts-saleA cross firm team has advised venture capital trusts Gresham House Renewable Energy VCT 1 and VCT 2 plc, which invest in a portfolio of renewable energy projects in the UK, on their sale of UK Solar Assets to Downing Renewables & Infrastructure Trust plc.Thu, 27 Apr 2023 00:00:00 Zb650fd07-5f78-4911-a66f-05e96b62a97ahttps://gowlingwlg.com/en-CN/insights-resources/articles/2023/alberta-court-of-king-s-bench-denies-adjournmentOn the second day of a four week professional liability trial, the trial judge dismissed the plaintiffs' application for an adjournment.Wed, 19 Apr 2023 16:55:00 Z96d2b4f9-fa09-4e06-94e9-f892c7fe54e7https://gowlingwlg.com/en-CN/insights-resources/client-work/2023/quebec-government-awards-contractOn April 17, 2023, the Québec government announced that it had concluded a comprehensive Design Build Finance contract providing for the replacement of the existing Île-aux-Tourtes Bridge and the deconstruction of the existing bridge. Work on the approximately $2.0 billion project has already begun.Mon, 17 Apr 2023 00:00:00 Z2378bb3c-fd90-441a-99fa-dddf2f2ddb75https://gowlingwlg.com/en-CN/insights-resources/articles/2023/warranties-insurance-court-of-appeal-decisionThe Ontario Court of Appeal's decision in Boliden Mineral AB v FQM Kevitsa Sweden Holdings AB, 2023 ONCA 105 interprets the representation and indemnity provisions in a share purchase agreement .Tue, 28 Feb 2023 00:00:00 Z11503177-b5c9-4deb-85a3-e2ff20bcb3cbhttps://gowlingwlg.com/en-cn/insights-resources/articles/2023/can-road-rage-have-caused-an-accidentIn Moran v Fabrizi, 2023 ONCA 21, the Ontario Court of Appeal dismissed an appeal involving the assessment of whether a trial judge properly applied the "but for" causation test in finding that the road rage of a driver not directly involved in a motor vehicle collision was a cause of that collision.Thu, 16 Feb 2023 00:00:00 Z06f6ac2f-1204-4968-ad88-9d3be23829d9https://gowlingwlg.com/en-CN/insights-resources/articles/2023/ontario-court-of-appeal-refusing-benefitsIn Varriano v Allstate, 2023 ONCA 78, the Ontario Court of Appeal considered the notice requirements of insurers when discontinuing an insured's income replacement benefits pursuant to the Statutory Accident Benefits Schedule – Effective September 1, 2010, O. Reg. 34/10.Mon, 13 Feb 2023 14:43:00 Zb1725f82-2cab-4017-883b-71b5005af5ddhttps://gowlingwlg.com/en-CN/insights-resources/articles/2023/new-brunswick-electronic-proof-car-insuranceAutomobile owners in New Brunswick are one step closer to going paper-free with a recent move in New Brunswick to allow for electronic proof of automobile insurance.Mon, 13 Feb 2023 14:42:00 Zfae9d952-9c10-4915-b5fc-5c9e8001470dhttps://gowlingwlg.com/en-CN/insights-resources/articles/2023/licensing-changes-insurance-new-brunswickOn Nov. 9, 2022, the Financial and Consumer Services Commission of New Brunswick received Ministerial Approval to adopt Rule INS-001, Insurance Intermediaries Licensing and Obligations, and Rule INS-002, Insurance Fees. The Rules will come into force on Feb. 1, 2023 and apply to the licensing of all insurance intermediaries in New Brunswick.Tue, 31 Jan 2023 14:06:00 Z6645e9f4-682a-4cf9-9856-77566d049232https://gowlingwlg.com/en-CN/insights-resources/articles/2023/location-of-risk-key-in-insurance-coverage-disputeThe Court held that comprehensive general liability insurers that underwrite primary or excess coverage for risks located in Ontario connect themselves to Ontario for jurisdictional purposes and must defend claims arising out of those risks in Ontario.Thu, 26 Jan 2023 16:17:00 Z2120b281-1685-4fc8-89fa-69d84b40c41fhttps://gowlingwlg.com/en-CN/insights-resources/articles/2023/who-is-entitled-to-insurance-proceeds-bankruptcyUnder section 38 of the BIA, a creditor of the bankrupt estate can obtain the trustee's right to pursue estate litigation where the trustee refuses or fails to pursue such litigation. A creditor may obtain an order authorizing them to bring a proceeding in their own name and at their own risk and expense, and on such other terms and conditions as the Court may direct.Wed, 04 Jan 2023 13:21:00 Za6066a64-6d72-4db7-9070-ba513e4fb097https://gowlingwlg.com/en-CN/insights-resources/client-work/2022/pacific-green-acquisition-of-sheaf-energyThe Energy team has advised Pacific Green Energy Storage on its acquisition of Sheaf Energy Limited, a Kent, England-based 249 MW battery energy storage system development developed by UK-based energy originator, Tupa Energy.Fri, 23 Dec 2022 00:00:00 Z6eef3480-7f39-4a39-b950-e4f1c0f5e736https://gowlingwlg.com/en-CN/insights-resources/client-work/2022/peloton-capital-invests-in-billyard-insuranceOn December 21, 2022, Canadian private equity firm Peloton Capital Management completed an investment in the Billyard Insurance Group portfolio of companies ("BIG") by way of a share purchase transaction.Wed, 21 Dec 2022 00:00:00 Z3bbf42e3-627c-461d-a08c-a675522d221bhttps://gowlingwlg.com/en-cn/insights-resources/articles/2022/procedural-fairness-in-the-zoom-eraIn Young v Red Deer County, a group of adjacent landowners affected by a proposed land use bylaw amendment challenged the procedural fairness of the public hearing approving the amendment.Wed, 13 Apr 2022 15:49:00 Zf8bfe75c-fe58-414b-8e3d-b920850eb877https://gowlingwlg.com/en-CN/insights-resources/articles/2022/ontario-court-of-appeal-municipal-noticeA recent decision from the Ontario Court of Appeal affirms that summary dismissal of an action against a municipality is appropriate where the plaintiff has failed to provide timely notice without reasonable excuse.Mon, 24 Jan 2022 00:00:00 Z16f71c58-fabc-4e93-aa06-a35155f267e3https://gowlingwlg.com/en-CN/insights-resources/articles/2021/intentional-torts-dressed-up-as-negligenceUnder what circumstances will an insurer be required to defend a claim involving an intentional tort framed as negligence? This question often arises in cases where personal injury litigants frame their actions in both negligence and assault. In these cases, careful consideration of the elements of the intentional act and the negligence pleaded is warranted.Thu, 28 Oct 2021 15:11:00 Z86f5cb80-7fff-4645-9c8d-f0d1a7b49ac6https://gowlingwlg.com/en-CN/insights-resources/articles/2021/scc-clarifies-applicability-govt-immunityIn its decision in Marchi, the Supreme Court of Canada ("SCC") provides helpful guidance to municipalities and other government actors regarding the types of decisions that may be immune from liability in negligence. The SCC explains that "core policy decisions" by governments will not give rise to liability because the legislative and executive branches have "core institutional roles and competencies that must be protected from interference by the judiciary's private law oversight."Fri, 22 Oct 2021 00:00:00 Za5eca33a-e74a-4228-85a5-afc2855522f3https://gowlingwlg.com/en-cn/insights-resources/articles/2021/no-fault-insurance-auto-accidents-british-columbiaRecent legislative changes in British Columbia have introduced a no fault model for auto liability claims arising from motor vehicle accidents that occur in British Columbia on or after May 1, 2021. The changes have significant implications for out-of-province auto insurers.Thu, 21 Oct 2021 13:23:00 Zc0f6db26-ed0b-4f02-87aa-6d2e9bf639bfhttps://gowlingwlg.com/en-cn/insights-resources/articles/2021/ontario-court-of-appeal-family-law-act-damagesIn Moore v 7595611 Canada Corp, the Ontario Court of Appeal confirmed that there is no maximum cap for loss of care, guidance and companionship damages under the Family Law Act in Ontario. Family members (spouse, children, grandchildren, parents, grandparents, or siblings) of an injured or deceased person can seek these damages in a tort claim where the injury or death occurred due to the fault or negligence of another person.Thu, 21 Oct 2021 13:12:00 Zc0db3f6c-c299-4fcc-835b-eb7262949c16https://gowlingwlg.com/en-cn/insights-resources/articles/2021/alberta-court-public-disclosure-private-factsIn ES v. Shillington (2021 ABQB 739) Madam Justice Inglis of the Alberta Court of Queen's Bench recognized a new tort in Alberta of "public disclosure of private facts", following the Ontario Superior Court's lead in Jane Doe 72511 v. Morgan (2018 ONSC 6607).Fri, 08 Oct 2021 14:58:00 Zb9c4eee0-c4e8-4f4c-935f-687e028a71f4https://gowlingwlg.com/en-cn/insights-resources/articles/2021/corrode-requirement-of-physical-damageIn this decision, the trial judge concluded that the term "physical damage" was ambiguous, and could include loss of use.Fri, 01 Oct 2021 14:31:00 Zf6639c90-b0ad-4a95-a18e-e37ef7b4af49https://gowlingwlg.com/en-cn/insights-resources/articles/2021/bill-118-slip-and-fall-claims-ontarioThe end of summer is nearly here, and with it, a cautious return to normalcy as people return to work, school, and approved social activities. The influx of individuals back into public life will offer a much-needed respite for many Ontario business owners, especially those whose incomes depend on active commuter flows. However, for the unwary, it can also be a source of liability, as greater foot traffic can lead to an increased risk of injuries from slips and falls.Thu, 09 Sep 2021 00:00:00 Z76b1f21e-14e7-448c-8111-5c3e01a2bd30https://gowlingwlg.com/en-CN/insights-resources/client-work/2021/jmb-crushing-systems-completes-restructuringOn May 1, 2020, JMB Crushing Systems Inc. ("JMB") and its wholly owned subsidiary 2161889 Alberta Ltd. ("216") sought and obtained an initial order from the Court of the Queen's Bench of Alberta under the Companies' Creditors Arrangement Act R.S.C. 1985, c. C-36, as amended ("CCAA").Tue, 27 Apr 2021 00:00:00 Z837ec376-864a-41ab-b0db-d376ed1b0e56https://gowlingwlg.com/en-CN/insights-resources/articles/2021/standard-leg-exclusion-clauses-builders-policiesAs is common for construction contracts in Ontario, builders' risk policy insurance agreements frequently use standard form contracts. The Supreme Court of Canada has recognized the purpose of these policies as providing broad coverage for construction projects, which are "singularly susceptible to accidents and errors".Thu, 08 Apr 2021 00:00:00 Z6913c9b8-8b9a-44b2-ba2c-b92d7fcde9dahttps://gowlingwlg.com/en-CN/insights-resources/articles/2021/major-roadblock-in-bcs-minor-injury-reformsEffective April 1, 2019, the BC provincial government introduced a package of legislative reforms addressing BC motor vehicle accident claims.Wed, 10 Mar 2021 00:00:00 Z3ae70d72-3eee-4f67-b30a-6bbc10139faahttps://gowlingwlg.com/en-CN/insights-resources/client-work/2021/gowling-wlg-advises-on-hera-indemnity-limited-saleInternational law firm Gowling WLG has acted for the shareholders of Hera Indemnity Limited (Hera) on the sale of its share capital to the Ardonagh Group, the UK's largest independent insurance broker.Mon, 08 Mar 2021 00:00:00 Z2983534e-5c4c-4f0a-b354-4ba75149f4c2https://gowlingwlg.com/en-CN/insights-resources/articles/2021/business-interruption-insurance-and-covid-19On 15 January 2021, the Supreme Court handed down its judgment in the COVID-19 insurance test case for business interruption losses - The Financial Conduct Authority v Arch and others [2021]. This marks the final say in a lengthy battle that directly affects 370,000 policyholders and has wider implications for 700 types of policies from over 60 insurers.Thu, 21 Jan 2021 00:00:00 Z2710b56c-6bb9-445e-ab30-8cab7014bcb7https://gowlingwlg.com/en-CN/insights-resources/articles/2021/uk-supreme-court-rules-covid-business-claimsThe much anticipated decision of the UK Supreme Court in a test case addressing insurance coverage issues arising in connection COVID-19 business interruption claims was handed down on January 15, 2021 in FCA v. Arch Insurance (UK) Ltd., [2021] UKSC 1.  The ruling favoured insureds, with the Supreme Court unanimously dismissing appeals brought by insurers and allowing all four of the appeals (two on a qualified basis) brought on behalf of insureds.Wed, 20 Jan 2021 00:00:00 Z0282499b-6f74-411d-a626-dfd90154d0a5https://gowlingwlg.com/en-CN/insights-resources/client-work/2021/alectra-acquires-holland-power-servicesOn January 5, 2021, Alectra Energy Services Inc. (a division of Alectra Inc.) announced that it had completed the acquisition of Holland Power Services (HPS).Tue, 05 Jan 2021 00:00:00 Z587e476b-e171-4105-aaac-0c0de371c794https://gowlingwlg.com/en-CN/insights-resources/articles/2020/bill-218-protection-from-liability-from-covid-19While public health officials continue to adapt and respond to evolving science, individuals and businesses and individuals struggle with an important question:  What measures should be introduced to protect against liability arising from COVID-19?Tue, 27 Oct 2020 13:47:00 Z3228c2ec-d884-4b9a-866c-6741312e9cc3https://gowlingwlg.com/en-CN/insights-resources/articles/2020/limitation-periods-professional-liability-actionIn the Province of New Brunswick v. Grant Thornton 2020 NBCA 18, the New Brunswick Court of Appeal concluded that a discovery-based limitation period prescribed by a limitations statute does not begin to run when a claimant knows, or reasonably ought to know, that he or she has a potential claim.Tue, 27 Oct 2020 12:00:00 Za3f6e1fa-39c8-4635-bdc5-e9466ddd9927https://gowlingwlg.com/en-CN/insights-resources/articles/2020/alberta-bill-37-modernization-builders-lien-actOn October 21, 2020, Service Alberta Minister Nate Glubish tabled the Bill 37, the Prompt Payment and Construction Lien Act, which if passed will make the first substantial amendments to Alberta's Builders' Lien Act in almost twenty years. The Alberta Legislature will debate these amendments in the Fall 2020 session, develop detailed Regulations to accompany the amended Act, and expects the amended Act to come into force in July 2021.Fri, 23 Oct 2020 00:00:00 Z7c0d0199-92b6-4586-9fe9-644f6b0bd39ehttps://gowlingwlg.com/en-CN/insights-resources/articles/2020/climate-change-impact-on-financial-servicesWith so many developments and momentum more generally in this area of ESG, it's a timely point to consider why climate change is such an important issue for those involved in in the financial sector.Thu, 10 Sep 2020 14:47:00 Z2c1a7d2c-35f8-49f8-9640-6cfde89603dfhttps://gowlingwlg.com/en-CN/insights-resources/client-work/2020/zijin-mining-acquires-guyana-goldfieldsOn August 25, 2020, Zijin Mining Group Co., Ltd (SSE: 601899) (SEHK: 2899) and Guyana Goldfields Inc. (TSX: GUY) announced the completion of the previously announced statutory plan of arrangement under the Canada Business Corporations Act involving Guyana, Zijin and 12049163 Canada Inc., an indirect wholly-owned subsidiary of Zijin, following receipt of all required regulatory approvals and satisfaction of all closing conditions. Pursuant to the arrangement, Zijin acquired all of the outstanding common shares of Guyana Goldfields for cash consideration of C$1.85 for each Guyana common share, valuing Guyana Goldfields at approximately C$323 million.Tue, 25 Aug 2020 00:00:00 Z5ee7cbaa-5eb7-423a-870d-87aef6ca9efdhttps://gowlingwlg.com/en-CN/insights-resources/articles/2020/aug-10-canadian-financial-regulatory-updatesOffice of the Superintendent of Financial Institutions (OSFI), Financial Services Regulatory Authority of Ontario (FSRA), Autorité des marchés financiers (AMF), British Columbia Financial Services Authority (BCFSA), and Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) adjust regulations and guidance for banks, credit unions, financial intermediaries and other market participants.Wed, 12 Aug 2020 00:00:00 Z087908ea-8264-4771-9394-b81833f19652https://gowlingwlg.com/en-cn/insights-resources/client-work/2020/louis-hippolyte-lafontaine-tunnel-refurbishmentOn July 30, 2020, the Ministère des Transports du Québec (MTQ) announced that it had awarded a $1.142 billion design-build-finance contract to Renouveau La Fontaine Inc. for the Louis-Hippolyte Lafontaine Tunnel and access roads rehabilitation project in Montréal. Commercial and financial closings occurred on July 14, 2020.Thu, 30 Jul 2020 00:00:00 Ze732a7a4-dd3c-4547-99fb-37e11d6535dfhttps://gowlingwlg.com/en-cn/insights-resources/articles/2020/june-26-canadian-financial-regulatory-covid-19Despite the challenges to the global economy and significant pressures on the financial sector, Canada's financial regulators continue to issue guidance explaining and expanding the regulatory requirements applicable to financial institutions.Mon, 29 Jun 2020 14:12:00 Z24bdf0e2-e127-405c-afe6-72712250c973https://gowlingwlg.com/en-cn/insights-resources/articles/2020/electronic-data-exclusion-needs-interpretationCybercrime, once a thing of science fiction, is growing in frequency and sophistication.  While there is growing desire for business to access insurance coverage for cyber events, many still seek to rely on traditional forms of insurance coverage, rather than specific cyber coverage, when claims arise. However, many traditional insurance coverages, such as commercial general liability, contain “electronic data” or other exclusions that limit the extent of coverage available under such policies.Fri, 19 Jun 2020 00:00:00 Z0fe9e446-b1fc-43a1-9694-cd68710113c9https://gowlingwlg.com/en-CN/insights-resources/client-work/2020/crawford-company-sells-51-interestOn June 1, 2020, Crawford & Company (Canada) Inc. sold its 51% interest in Crawford Compliance Inc. to a third party in exchange for a note receivableMon, 01 Jun 2020 00:00:00 Z318edc56-5ce7-4d26-b042-7a6e30199619https://gowlingwlg.com/en-CN/insights-resources/articles/2020/mds-v-factory-mutual-more-compensatory-modelIn many cases, parties approach pre-judgment interest as a mechanical exercise, applying rates set out under the Courts of Justice Act and calculating them on a simple interest basisTue, 26 May 2020 00:00:00 Z90f4cdb3-209f-4eb8-8393-a74d0c350b93https://gowlingwlg.com/en-CN/insights-resources/articles/2020/limitation-of-liability-clause-held-unenforceableThe British Columbia Court of Appeal has recently reversed a lower court's decision to grant summary judgment to a defendant ski resort after determining that the resort had not taken sufficient steps to bring itself into compliance with the province's Occupiers' Liability Act.Thu, 21 May 2020 00:00:00 Z8941d575-3545-4c0b-8a09-3620c86b2259https://gowlingwlg.com/en-CN/insights-resources/on-demand-webinars/2020/business-stability-relationships-risk-covid-19Gowling WLG and BIOTECanada present an informative webinar on Business stability, contractual relationships & risk management during COVID-19.Wed, 20 May 2020 00:00:00 Z6c892683-92c6-400e-9bae-d7e796ae5c61https://gowlingwlg.com/en-CN/insights-resources/articles/2020/manufacturing-face-masks-during-covid-19Despite changes to the regulatory scheme surrounding face masks, safety and label clarity must still be top of mind for manufacturers in order to prevent product liability claims and regulatory consequences.Tue, 05 May 2020 00:00:00 Z4bcfbeae-de2b-4343-b914-ed025a06f265https://gowlingwlg.com/en-CN/insights-resources/articles/2020/update-on-procedural-priorities-during-covid19Most, if not all, COVID-19 case law to date is procedural: will matters move forward at all and, if so, how? In this unfamiliar context, words like 'urgent' and 'time-sensitive' have taken on a new and evolving meaning.Tue, 05 May 2020 00:00:00 Zccab3709-3e4c-468d-9ffe-be8a96b7548ehttps://gowlingwlg.com/en-cn/insights-resources/articles/2020/business-continuity-planning-in-covid-19The purpose of a business continuity plan is to ensure that your business is able to survive a critical incident. It permits an immediate response to crisis in order to shorten recovery time and mitigate impact.Wed, 22 Apr 2020 00:00:00 Z66f7018c-31fc-4f2c-8984-66e58acc3d2fhttps://gowlingwlg.com/en-CN/insights-resources/articles/2020/crisis-leadership-lessons-from-covid-19The COVID-19 crisis highlights some important lessons for leading in a crisis. While these lessons are not new they have never been more important.Fri, 17 Apr 2020 00:00:00 Z95d35cab-1c7b-46fd-a96a-9fadb17d3df1https://gowlingwlg.com/en-CN/insights-resources/articles/2020/floodgates-for-covid-related-business-interruptionThe March 30, 2020 decision of the Ontario Superior Court of Justice in MDS v. Factory Mutual flows from an unanticipated leak of heavy water containing radioactive Tritium discovered to be draining through a wall within the nuclear reactor at Chalk River operated by Atomic Energy of Canada into an area of the reactor known as J-rod annulus.Mon, 13 Apr 2020 00:00:00 Z35748537-7fb4-4a9f-b178-2dfa54bb1f0ehttps://gowlingwlg.com/en-CN/insights-resources/articles/2020/trade-credit-insurance-coverage-exclusions-covid19As COVID-19 continues to impact the global economy, there becomes increased risks that customers will be unable to pay their outstanding receivables. These risks are compounded by a number of restrictive emergency orders, regulations, and amendments that governments across the globe have recently enacted in an effort to curb the spread of COVID-19.Thu, 02 Apr 2020 21:22:00 Zd8868aef-cdf1-4200-9a99-792b89cb38bbhttps://gowlingwlg.com/en-CN/insights-resources/articles/2020/protecting-canadian-companies-class-action-covid19The COVID-19 pandemic has emerged as a historically disruptive event. In this environment, class action lawyers have likely already begun investigating companies that suffered significant share price movements to determine whether any of them are attractive targets for a lawsuit.Mon, 30 Mar 2020 00:00:00 Zf53fffaa-4123-420c-9cb9-3f45de140ad2https://gowlingwlg.com/en-CN/insights-resources/articles/2020/pressure-in-the-us-to-pay-covid-19-insuranceGiven the uncertainty surrounding the availability of insurance coverage or contractual relief in the context of COVID-19, these claims will likely raise unique proof and quantification challenges.Wed, 25 Mar 2020 00:00:00 Z25ad922a-9cd7-4e29-8fac-1c1f5ed05e7dhttps://gowlingwlg.com/en-CN/insights-resources/articles/2020/cyber-insurance-covid-19-landscapeRemote working requires, among other things, equipping employees with the ability to connect to company servers from home.Tue, 24 Mar 2020 00:00:00 Z78b35481-1b31-4f38-a073-95ccec38e072https://gowlingwlg.com/en-CN/insights-resources/articles/2020/covid-19-raises-cyber-security-risksThe global pandemic has forced millions of employees to work from home, all with relatively little training or preparation for those are unused to doing so.Wed, 18 Mar 2020 17:10:00 Zb5a56512-93fe-4950-aaa1-e8184b76a21chttps://gowlingwlg.com/en-cn/insights-resources/articles/2020/covid-19-virtual-health-care-services-canadaIn the wake of the novel coronavirus (COVID-19), health professionals are exercising all efforts possible to ensure that there is no disruption in service or breakdown in patient care.Mon, 16 Mar 2020 00:00:00 Zc902ff0d-e185-4d46-a2ff-b75c9cc50852https://gowlingwlg.com/en-CN/insights-resources/articles/2020/covid-19-insurance-considerations-canadaAs the spread of the virus begins to have a ripple effect on global industry and markets – and ever-increasing travel restrictions are put in place – supply chain disruptions are beginning to impact businesses and consumers worldwide.Wed, 11 Mar 2020 00:00:00 Zceafb996-a581-4fb5-8f72-09dabc3c670fhttps://gowlingwlg.com/en-CN/insights-resources/articles/2020/digital-transformation-in-the-health-industryAs the health industry migrates from paper-based to electronic clinical records, the risks associated with the collection, use and disclosure of personal health information changes.Tue, 25 Feb 2020 00:00:00 Zda829663-c499-4745-b354-f5178982d9f4https://gowlingwlg.com/en-cn/insights-resources/articles/2020/settlement-privilege-a-reasonable-limitIn settlements involving minor plaintiffs, defence counsel in our Alberta office routinely assist in seeking restricted access orders to ensure confidentiality of the terms of settlement.Fri, 31 Jan 2020 00:00:00 Z629f815e-3bbc-4973-8f88-0d521cc79203https://gowlingwlg.com/en-CN/insights-resources/articles/2020/ontario-introduces-simplified-amendmentsRule 76 of the Rules of Civil Procedure was instituted to streamline cases of smaller monetary value.Thu, 30 Jan 2020 00:00:00 Zb324ac2e-84d2-459d-9505-f20a38d5063ahttps://gowlingwlg.com/en-cn/insights-resources/articles/2020/top-three-professional-liability-tips-for-2020As we welcome in the new decade, we wanted to share our top three tips to assist you in reducing your stress associated with the professional liability aspects of your practice.Fri, 24 Jan 2020 15:18:00 Z478fdca8-096f-4903-8866-16a330a95ff8https://gowlingwlg.com/en-CN/insights-resources/articles/2019/insurer-beware-defence-in-absence-of-non-waiverThis was the cautionary tale from the Ontario Court of Appeal's recent decision in Commonwell Mutual Insurance Group v Campbell.Fri, 22 Nov 2019 17:12:00 Zc7dc20d7-33dc-44b1-9547-41a46e66f7bahttps://gowlingwlg.com/en-cn/insights-resources/articles/2019/acceptable-vs-intrusive-investigationsB.C. Supreme Court examined the line between an acceptable investigation of a personal injury plaintiff conducted by a defendant's insurer and an overly intrusive investigation which could result in special costs being awarded against a defendant.Thu, 26 Sep 2019 16:29:00 Zef248c03-640c-4621-a1e8-879f26ded663https://gowlingwlg.com/en-CN/insights-resources/client-work/2019/alpine-insurance-financial-acquires-westwindsOn Aug. 31, 2019, Alpine Insurance & Financial Inc. acquired Westwinds Insurance Inc.Sat, 31 Aug 2019 00:00:00 Z4a2531db-c07a-4dde-b48e-93d658ff1767https://gowlingwlg.com/en-CN/insights-resources/client-work/2019/farnese-insurance-acquires-baseline-insuranceEffective Aug. 1, 2019, Farnese Insurance Brokers Ltd. acquired Baseline Insurance Inc.Thu, 01 Aug 2019 12:47:00 Z6da2a202-efbe-4d31-adcb-cf50e80f5926https://gowlingwlg.com/en-CN/insights-resources/articles/2019/limitations-of-liability-on-lift-ticket-upheldIn a recent decision, the British Columbia Supreme Court dismissed a claim brought against a ski resort by a guest who suffered catastrophic bodily injuries after going off a ski jump.Mon, 17 Jun 2019 00:00:00 Z2ba015ba-e68b-475c-af80-f2fa438f91cdhttps://gowlingwlg.com/en-cn/insights-resources/articles/2019/what-do-insurance-clients-want-most-from-coverageFebruary 7, 2019, the Canadian Defence Lawyers’ 15th Annual Insurance Coverage Symposium brought together insurance executives, claims professionals, and insurance coverage and defence counsel to discuss trends and developments in the field.Tue, 19 Mar 2019 00:00:00 Zfc668b33-581b-4961-9d8b-e1fd31f26a35https://gowlingwlg.com/en-CN/insights-resources/articles/2019/heightened-risk-of-non-party-costs-orderProfessional indemnity insurers of Giambrone. S51 Senior Courts Act 1981. Non-party costs order exposure. No conduct insufficient defence.Mon, 11 Mar 2019 00:00:00 Ze2088926-8d7a-44bb-9930-b2cea7190feahttps://gowlingwlg.com/en-cn/insights-resources/articles/2019/preparing-canada-s-autonomous-vehicle-insuranceA report by the Insurance Bureau of Canada argues that fully automated vehicles present new risks to the Canadian auto insurance sector and its stakeholders.Tue, 12 Feb 2019 12:00:00 Za04eec2c-bedb-4583-be41-bad157fae0eehttps://gowlingwlg.com/en-cn/insights-resources/articles/2019/good-faith-in-insurance-dealingsIt is commonly known that contracts of insurance are contracts of utmost good faith, requiring the parties to deal with each other fairly and in good faith.Mon, 04 Feb 2019 00:00:00 Zeea6caea-9fb9-4e6a-857e-f2a00ca9349fhttps://gowlingwlg.com/en-CN/insights-resources/client-work/2019/st-clair-insurance-brokers-acquires-schiestelOn Jan. 3, 2019, St. Clair Insurance Brokers Inc. acquired Schiestel Insurance Inc., a longstanding insurance broker in Chatham, ON.Thu, 03 Jan 2019 00:00:00 Z589c97f8-b670-4146-b1b6-82dd8c06f6b7https://gowlingwlg.com/en-CN/insights-resources/client-work/2019/alpine-insurance-financial-acquires-the-silvercEffective January 1, 2019, Alpine Insurance & Financial Inc. successfully acquired The Silvercrest Insurance Group.Tue, 01 Jan 2019 00:00:00 Zd623f4f8-d460-4249-a9d3-c9480f6182f8https://gowlingwlg.com/en-CN/insights-resources/articles/2018/ain-t-no-stopping-us-now-online-sale-of-insuranceOn June 13, 2018, the Quebec National Assembly adopted an Act mainly to improve the regulation of the financial sector, the protection of deposits of money and the operation of financial institutions (“Bill 141”).Fri, 19 Oct 2018 00:00:00 Ze0a0fb53-1500-4fd8-9ddd-9a436b162551https://gowlingwlg.com/en-CN/insights-resources/articles/2018/update-to-municipal-minimum-maintenance-standardsOn May 3, 2018, Ont Reg 366/18 came into force, amending O.Reg 239/02 under the Municipal Act, 2001, SO 2001, c.25 and Reg 612/06 under the City of Toronto Act 2006, SO 2006, c 11, Sch A, which establish standards for the maintenance of municipal highways in Ontario (the "MMS").Tue, 15 May 2018 00:00:00 Z908b5f3d-1adf-41b4-b607-d8e20f77fc0bhttps://gowlingwlg.com/en-CN/insights-resources/articles/2018/litigation-privilege-over-adjusters-files-in-bcThis article identifies a significant development in 2016 in British Columbia jurisprudence with respect to insureds' claims for litigation privilege over adjusters' reports produced well before the commencement of litigation.Mon, 07 May 2018 14:49:00 Zf32b3d36-151f-42ec-877a-87c9c6e7097chttps://gowlingwlg.com/en-CN/insights-resources/articles/2018/arbitrator-qualifications-court-of-appeal-decisiDid a QC specialising in insurance disputes have not less than ten years' experience of insurance or reinsurance? We look at Allianz v Tonicstar [2018] and its importance for arbitration and insurance.Wed, 18 Apr 2018 00:00:00 Z5e7efb99-26f8-4313-a85f-e4eb97372892https://gowlingwlg.com/en-CN/insights-resources/client-work/2018/alpine-insurance-financial-acquires-izmirliOn April 3, 2018, Alpine Insurance & Financial Inc. successfully acquired Izmirli Associates & Insurance Services Ltd.Tue, 03 Apr 2018 12:00:00 Zc67518ce-fc06-4a2e-b327-e6a81f20da92https://gowlingwlg.com/en-CN/insights-resources/articles/2018/does-your-insurance-policy-do-what-it-shouldDoes your insurance policy work in the way you think it should? Clear terms mean no additional rules or practices will be used to interpret your contract in a different way. Gowling WLG's dispute and insurance experts take a look at a recent case on the issue.Wed, 21 Mar 2018 09:22:00 Z0517ee9e-eb48-4367-9ef6-d89ab9174bd6https://gowlingwlg.com/en-CN/insights-resources/articles/2018/heading-in-the-right-direction-rowan-s-lawOn March 6, 2018, Ontario passed a law that aims to prevent and manage concussions in amateur competitive sports. Bill 193: Rowan's Law (Concussion Safety), 2018, known as Rowan's Law, is the first law of its kind in Canada. The Act will come into effect when it receives Royal Assent.Thu, 15 Mar 2018 00:00:00 Z53047e08-9f74-4c05-a126-35e64898d876https://gowlingwlg.com/en-CN/insights-resources/client-work/2018/alpine-insurance-acquires-canadian-commercialOn March 1, 2018, Alpine Insurance & Financial Inc. successfully acquired Canadian Commercial Insurance Inc.Thu, 01 Mar 2018 12:00:00 Z0cd8f6fd-4055-488b-a558-de53529c3890https://gowlingwlg.com/en-cn/insights-resources/articles/2018/alberta-jurisprudence-standard-bylaw-endorsementThe Supreme Court of Canada recently denied leave to appeal in respect of the Alberta Court of Appeal's decision in 852819 Alberta Ltd v Sovereign General Insurance Company, 2017 ABCA 76Wed, 10 Jan 2018 00:00:00 Z6c092489-dc1d-4a6d-a96c-4ba04609b8cahttps://gowlingwlg.com/en-CN/insights-resources/articles/2017/appeal-court-orders-rehearing-on-coverage-for-workThe Ontario Court of Appeal recently overturned an Order from the Ontario Superior Court of Justice finding that Intact Insurance Company had a duty to defend a defendant in an action arising out of a fatal trip and fall accident which occurred while the deceased was in the course of his employment.Tue, 19 Dec 2017 00:00:00 Z44ae7541-c066-4771-a95b-0fd4027a7487https://gowlingwlg.com/en-cn/insights-resources/articles/2017/eyes-open-nose-in-fingers-out-understanding-aActing as a corporate director can be a highly energizing and rewarding experience, whether it's for a publicly traded company, a private company, or a not-for-profit or charitable organization. Before signing on, however, some potential risks must be considered and addressed.Tue, 19 Sep 2017 11:46:00 Z3c8cfa1e-8df9-4f6f-89b2-517c44606890https://gowlingwlg.com/en-cn/insights-resources/articles/2017/update-on-recoverable-disbursements-the-recoverabWhether you win or lose, litigation can be an expensive endeavour. While some of those costs may ultimately be recovered from the other party in the course of the litigation, recent case law suggests that the premiums paid for After The Event (“ATE”) insurance (also known as adverse costs protection insurance) are unrecoverable.Fri, 18 Aug 2017 14:54:00 Zb30dde6a-8670-463e-87d4-7d671b94f550https://gowlingwlg.com/en-cn/insights-resources/articles/2017/can-t-live-without-your-smartphone-saskatchewan-fOn June 22, 2017, new regulations (the Insurance Regulations) under Saskatchewan&#39;s <em>Insurance Act</em> were filed with the Registrar of Regulations. The Insurance Regulations will broaden the availability of insurance covering smart phones in the province.Tue, 08 Aug 2017 00:00:00 Z85ad4a09-afb6-4b1f-ae6f-88aa47550851https://gowlingwlg.com/en-cn/insights-resources/articles/2017/saadati-v-moorhead-scc-clarifies-law-on-requiredA unanimous decision of the Supreme Court in Saadati v. Moorhead released on June 2, 2017, clarified the law on the requirements for proof of mental injury in tort cases.Tue, 13 Jun 2017 00:00:00 Zd2a360af-3eed-45f3-af66-056fd96dc13dhttps://gowlingwlg.com/en-CN/insights-resources/articles/2016/scc-clarifies-that-adverse-inference-regarding-cauIn the recent case of Benhaim v. St-Germain (2016 SCC 48), the Supreme Court of Canada clarified that in medical negligence cases in which the defendant’s negligence is alleged to have undermined the plaintiff’s ability to prove causation, and where the plaintiff adduces at least some evidence of causation, an adverse inference of causation may be drawn by the trial judge, but is not mandatory.Mon, 19 Dec 2016 15:24:00 Z4bd66abb-11ca-453c-a052-60d0059bed57https://gowlingwlg.com/en-CN/insights-resources/articles/2016/scc-holds-that-faulty-workmanship-exclusion-does-nThe insurance industry will be interested in <i>Ledcor Construction Ltd v. Northbridge Indemnity Insurance Co<a href="#0">¹</a></i> because of principles the Supreme Court of Canada applied to the "faulty workmanship" exclusion in a Builders' Risk policy. The Court held that the exclusion does not preclude coverage "merely because the damage results to that part of the project on which the contractor was working."Wed, 05 Oct 2016 00:00:00 Z255dbbaf-4999-45a3-aee9-17a562476bf5https://gowlingwlg.com/en-CN/insights-resources/articles/2016/i-get-high-with-a-little-help-from-my-friendsAs medical marijuana becomes increasingly recommended by doctors there will be an increase in court awards to compensate for the cost of marijuana.Mon, 08 Aug 2016 10:43:00 Ze9882ce6-09d3-486c-850b-f7051275def6https://gowlingwlg.com/en-CN/insights-resources/articles/2016/how-autonomous-vehicles-will-change-insuranceIn April 2016, the headlines read: 'Tesla nearing 400,000 model 3 orders'. This is very exciting news for proponents of all electric vehicles and, very likely, the world's first mass-market, semi-autonomous vehicle (SAV).Mon, 08 Aug 2016 10:41:00 Z19b5f8e9-6965-407a-b89c-68a5c0a41062https://gowlingwlg.com/en-cn/insights-resources/articles/2016/debate-continues-as-to-whether-general-liability-pTue, 28 Jun 2016 16:02:00 Z37110edd-d9d8-4026-8bd1-2b508fd62c44https://gowlingwlg.com/en-cn/insights-resources/articles/2016/key-regulatory-updates-insurance-companies-need-toThere have a been a number of recent amendments to the various provincial insurance regulatory regimes, including changes concerning interest rates on instalment payments, operational risk management guidelines, and the Life Insurance Capital Adequacy Test, to name a few. To help you stay on top of what you need to know, set out below is a summary of the most recent amendments, province by province.Thu, 23 Jun 2016 14:17:00 Zc1bc310a-7aa5-40da-b970-a7ff23d6127fhttps://gowlingwlg.com/en-CN/insights-resources/articles/2016/ontario-government-clears-the-way-for-strengtheninThe province of Ontario is home to over 2,500 individual trails, stretching over 80,000 kilometres. The popularity of trails in Ontario has been steadily increasing over the last number of years, and this trend is expected to continue. In addition to contributing to the physical and mental health of Ontarians, these trails also contribute substantially to the province’s economic health.Tue, 07 Jun 2016 00:00:00 Z9edfbcc8-4170-43a0-a769-294051b54e85https://gowlingwlg.com/en-CN/insights-resources/articles/2016/insureds-take-note-quebec-courts-strictly-apply-nInsurance policies offer policy-holders security: the policy-holder pays a premium and in return the insurer agrees to cover the risks outlined in the policy.Mon, 18 Apr 2016 00:00:00 Zcd61c96e-d8c8-437a-89a5-786f283f0f99https://gowlingwlg.com/en-CN/insights-resources/articles/2016/b-c-court-requires-strict-compliance-with-replaceMon, 11 Apr 2016 00:00:00 Z2f5335ec-6fd7-4802-962f-94fb29ef0711https://gowlingwlg.com/en-CN/insights-resources/articles/2016/recoverable-disbursementsWhether during settlement negotiations or at the end of trial, a successful plaintiff will seek to recover some or all of the costs incurred in the course of the litigation from a defendant.Mon, 04 Apr 2016 00:00:00 Z2f848f8e-1d3b-4468-9957-b7748bd5bee5https://gowlingwlg.com/en-CN/insights-resources/articles/2016/b-c-judge-pokes-holes-in-family-exclusions-in-homDue to a recent B.C. Supreme Court decision, insurers should reconsider the wording of Family Exclusions in their homeowner policies.Wed, 09 Mar 2016 00:00:00 Z68445fba-8f0e-4a27-9de2-80a70ca3643bhttps://gowlingwlg.com/en-CN/insights-resources/articles/2015/has-the-requirement-of-fortuity-in-insurance-goneInsurance is a contractual arrangement providing a guarantee of payment in the event of a specified event or loss. Usually, only fortuitous or contingent losses are covered under a liability insurance policy. A fortuitous loss is one that is neither intentional nor inevitable. The obvious policy concern is that it would not be desirable to encourage people to injure others intentionally by indemnifying them for the civil consequences. As a result of the "fortuity principle", most liability insurance policies exclude coverage for intentional acts.Sun, 01 Nov 2015 00:00:00 Z6a071b11-d78a-43cf-8b85-c5baeb37eb14https://gowlingwlg.com/en-cn/insights-resources/articles/2015/parents-do-you-know-what-your-kids-are-up-to-yoParents may be held liable in connection with acts of their children, such as bullying, if the parents have failed to take reasonable steps to supervise the child. A recent case from the Ontario Court of Appeal highlights that there may not be any coverage under a parent’s homeowners policy in such circumstances.Thu, 01 Oct 2015 00:00:00 Z529cafdd-621b-463e-84c2-10b9422ddadehttps://gowlingwlg.com/en-CN/insights-resources/articles/2015/farhat-v-monteanuThe decision in Farhat v. Monteanu is an important one for defence counsel in motor vehicle accident litigation and serves as a reminder that the application of the Limitations Act, 2002 is not straightforward when it comes to claims for both pecuniary and non-pecuniary damages.Sat, 01 Aug 2015 00:00:00 Z2db43fe3-65c6-4e49-98a5-e275c9d4ab05https://gowlingwlg.com/en-CN/insights-resources/articles/2015/distribution-of-financial-products-and-servicesOn June 16, 2015, the minister of finance (Québec) (the minister) published a report on the application of the Act respecting the distribution of financial products and services (the Report).Mon, 01 Jun 2015 00:00:00 Z44d70dac-de75-4cd3-99f9-dfaa56ef149ehttps://gowlingwlg.com/en-CN/insights-resources/articles/2015/usage-based-auto-insurance-raises-privacy-concernsMany Canadian drivers are enrolled in usage-based insurance (UBI) programs to benefit from a discount on their auto insurance premiums.Mon, 01 Jun 2015 00:00:00 Z3cba7ac6-3f08-4822-aaed-ab8543313247https://gowlingwlg.com/en-CN/insights-resources/articles/2015/no-duty-to-defend-when-negligent-acts-within-a-polThe May 11, 2015 decision of the B.C. Supreme Court in CNS v. Intact, 2015 BCSC 767 confirmed that a duty to defend is not triggered when an insured’s negligent acts or omissions during a policy period cause damage or an injury after the policy has expired.Mon, 01 Jun 2015 00:00:00 Zeebf40d2-75e4-4700-9378-969c5d34886fhttps://gowlingwlg.com/en-CN/insights-resources/articles/2015/new-limitation-dates-approachingA new Limitation Act came into force in British Columbia on June 1, 2013, which imposes a general two year limitation period on most claims (with some exceptions) and also introduced a two year limitation period for third party claims for contribution and indemnity.Fri, 01 May 2015 00:00:00 Z6fe2d2b0-1f0e-45df-a674-5c9ac7b02365https://gowlingwlg.com/en-CN/insights-resources/articles/2015/ormiston-v-icbc-yet-another-case-for-recognizingIn the recent case of Ormiston v. Insurance Corp. of British Columbia, the British Columbia Court of Appeal held that a cyclist who was injured while attempting to pass a motor vehicle on the right could not recover damages from the driver.Fri, 01 May 2015 00:00:00 Zf3a37003-6653-4e45-8277-957049321fbdhttps://gowlingwlg.com/en-CN/insights-resources/articles/2015/minding-the-gap-a-cautionary-tale-for-insurance-bThe Ontario Superior Court of Justice recently allowed a motion for summary judgment against an insurance brokerage and the individual broker for failing to meet their duty of care to arrange adequate insurance coverage.Fri, 01 May 2015 00:00:00 Z2d612b86-7087-4c2e-b688-cb00abdc4dc8https://gowlingwlg.com/en-CN/insights-resources/articles/2015/ontario-court-of-appeal-revisits-reasonable-excusIn the recent case of City of Toronto ats Seif, the plaintiff successfully appealed an Order granting summary judgment to the City of Toronto in a trip and fall action. The motion judge dismissed the claim on the ground that there was no reasonable excuse for the plaintiff’s failure to provide the City with notice of her claim within ten days as required by s. 42(6) of the City of Toronto Act, 2006, SO 2006, c 11 (the “Act”).Fri, 01 May 2015 00:00:00 Z719a8c52-02d9-4368-a438-18c3b22fdedahttps://gowlingwlg.com/en-CN/insights-resources/articles/2015/court-of-appeal-sends-clear-message-on-scope-of-inAn indemnity against “any damage or claims” may not be comprehensive. So ruled the Ontario Court of Appeal in Neely v. MacDonald, a decision containing important guidance for drafters of indemnity provisions.Wed, 01 Apr 2015 00:00:00 Z897e2e4c-2d95-4bb3-baaa-a7f6fcb82921https://gowlingwlg.com/en-cn/insights-resources/articles/2015/price-comparison-websites-need-license-in-quebecOn April 2, 2015, the Autorité des marchés financiers (AMF) released Internet Insurance Offerings in Québec (the Report), outlining its recommendations for the online distribution of insurance. This Report will be of particular interest to price-shopping websites.Wed, 01 Apr 2015 00:00:00 Z77e3aae1-0724-4d4d-a95e-6304b4f8f371https://gowlingwlg.com/en-cn/insights-resources/articles/2015/is-it-ever-too-late-to-rely-on-a-covenant-to-insurIn the recent case of 1642279 Ontario Inc. v. SCE Construction Management Inc., the Court considered the issue of whether, in a construction contract dispute, the defendant ought to be permitted, on the eve of trial, to amend its pleading to rely on a covenant to insure as a bar to the plaintiff's action.Wed, 01 Apr 2015 00:00:00 Z6d814314-46b5-4bee-9b69-0ed2b592d8e0https://gowlingwlg.com/en-CN/insights-resources/articles/2015/better-late-than-never-lloyd-s-underwriters-v-blIn Lloyd’s Underwriters v. Blue Mountain Log Sales, Blue Mountain, which was insured by Lloyd’s, was named as a defendant in a law suit in Washington State.Wed, 01 Apr 2015 00:00:00 Z0293e74c-64eb-4f79-9f4b-4b9676a515cfhttps://gowlingwlg.com/en-CN/insights-resources/articles/2015/demutualization-for-p-c-companies-here-s-what-youIn February, 2015 the Department of Finance released the draft regulations dealing with the demutualization of Canadian property and casualty mutual insurance companies (P&C insurers).Sun, 01 Mar 2015 00:00:00 Zcb580c26-624f-43ff-9141-8c7c195dbecahttps://gowlingwlg.com/en-CN/insights-resources/articles/2015/important-changes-to-the-alberta-limitations-actRecent amendments to the Alberta Limitations Act create more certainty and change the law with respect to certain types of third-party claims and notices to co-defendants where a defendant who is a tortfeasor seeks contribution from another tortfeasor who would also be liable to the plaintiff, whether that person is already a party to the action or not ("Contribution Claim").Sun, 01 Feb 2015 00:00:00 Z64d5d631-f085-4032-a118-352678d85704https://gowlingwlg.com/en-CN/insights-resources/articles/2015/ambiguity-is-as-ambiguity-does-another-cautionarySun, 01 Feb 2015 00:00:00 Z2c9fd4e5-6ffe-4b89-a6e1-b893a1366376https://gowlingwlg.com/en-CN/insights-resources/articles/2012/the-supreme-court-takes-another-stab-at-the-applicWhen seeking to recover damages in connection with harm resulting from another’s negligence, an injured party must establish on a balance of probabilities that the tortfeasor caused the injury in question. The requirement that an injured party establish a causal connection between the negligent act and the resulting harm has been recognized to anchor the law of negligence to one of its underlying purposes, that of corrective justice.Sun, 01 Jul 2012 00:00:00 Z