Burden of Proof vs. Fraud: Back to Basics

The Court of Appeal has overturned a summary judgment decision in a coverage case, finding the judge reversed the burden of proof and failed to recognize that a trial is required in cases of potential fraud, where credibility is in issue.

SABS Priority Disputes 101: Help!

What do you need to do to pursue a SABS priority dispute in Ontario? What are the timelines? What happens next? This is the first of several priority dispute articles in our insurance law series. Please read more.

No Void Ab Initio for Auto

Can an Ontario insurer treat an automobile policy as being void ab initio and deny a claim in its entirety as a result? The Court of Appeal for Ontario says “no”. Merino v. Intact involved a pedestrian who was catastrophically injured when she was struck by a car...

How much Risk does a Builder’s Risk Risk?

When a builder negligently repairs a school’s gymnasium roof, which causes rain to spill into the gym and damage the wooden floor below, does the builder’s All Risk Builder’s policy cover the damage to the floor?  Pre-Eng v. Intact involved a coverage battle between...

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