The Ontario Court of Appeal has found that an insurer does not have a duty to defend a privacy class action, or an associated third party claim stemming from the disclosure of an allegedly defamatory report authored by the Family and Children Services of Lanark...
In a recent decision, an Ontario court found that an insurer has a duty to defend a “software developer” in a U.S. action alleging copyright infringement. In the U.S. action, the insured was alleged to be the head of a group of hackers which sold subscriptions for...
In a recent decision an Ontario court found that an insurer has a duty to defend both the main action and a third party claim in a privacy class action stemming from the disclosure of an allegedly defamatory report authored by the Family and Children Services of...
There has been a lot of coverage, and a lot of ink spilled (does that expression even have meaning any more?) about the potential and actual business interruption claims that may be made by insureds arising out of the COVID-19 pandemic. However, very little attention...
One of the big questions about breach response has always been whether or not the documents produced in response to a breach, such as forensics reports and communications with third party experts, are privileged. There are two categories of privilege that can...
