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Water Under the Bridge: Duty to Warn of Hidden Hazards
Where a danger is posed by a hidden hazard, is it enough to warn of how to avoid it? Turns out, the duty to warn might require that you disclose why.
Away at School, Still Care Dependent: Divisional Court Confirms Contextual Dependency Analysis
This recent Divisional Court decision affirms that dependency does not require co-residency, direct financial support, or day-to-day care. Evidence of emotional guidance and parental-style relationships can establish dependency under the SABS.
Court Expands Interpretation of “Existing Home” Under the SABS
In Sorrentino v. Certas, the Divisional Court adopted a broad and flexible approach to the meaning of “existing home” under s. 16 of the SABS, noting an important expansion in the interpretation of home modification benefits.
You’re [Not] My Boy, Blue!
Owning the House does not mean Owning the Hound: Court of Appeal for Ontario rules homeowner not vicariously liable for actions of occupants of property in Hartin v. Hynes, 2026 ONCA 227
When Event Insurance Stops at the Venue Door: Limits of Additional Insured Coverage Under Event Liability Policies
The Plaintiff commenced an action for damages after an alleged trip and fall at The Waring House Restaurant and Inn (“The Waring House”), where he had been hired as the photographer for a wedding.
Whose Relationship is it Anyways?
Does the relationship with a policyholder belong to the broker or to the insurer? Neither, says the Ontario Superior Court of Justice. It is the policyholder who chooses the broker and the insurance provider.
Guaranteed, Not God-Mode
This Supreme Court case has it all: guaranteed rebuilding cost, compliance cost exclusion, nullification, contract interpretation — find out what every insurer must know before the next total loss claim.
Pay First, Dispute Later: Priority Matters
A recent LAT decision reaffirms the insurer’s obligation to provide timely benefits despite concerns over priority. Where claimants satisfy the low threshold of establishing a nexus with an insurer, that insurer must commence adjusting the claim and dispute priority later.
Insurance Investigators Owe No Duty to Insureds for Claim Delays
In Smitten Baby Products Inc. v. FirstOnSite Restoration Ltd., 2025 ONSC 4281 (CanLII), the Ontario Superior Court dismissed a negligence claim against an insurance investigator retained by an insurer, holding it was “plain and obvious” that the investigator owed no duty of care to the insured for alleged delays in claim payment.
Statutory Certainty vs. Flexibility: What Clouthier Means for Insurers
Divisional Court finds weekly benefits payable before submission of the disability certificate with reasonable explanation. In a significant decision, the Ontario Divisional Court has allowed the appeal of Summer Clouthier, a claimant who was struck by a car while cycling in February 2020 and suffered injuries, including a traumatic brain injury.
LAT-titude for Success: Criterion 8 Update
The Licence Appeal Tribunal (“LAT”) released a steady stream of decisions addressing catastrophic impairment claims under Criterion 8, which concerns mental or behavioural disorders under the Statutory Accident Benefits Schedule.
No Offer, Big Costs: ONCA Upholds $300K Costs Award on $15K Damages
The recent Court of Appeal decision in Barry v Anantharajah underscores that insurers should make reasonable settlement offers before trial – no matter how strong they believe their case to be.