insurance

Can't always get what you want: SCC to consider interpretation of insurance contracts in Trillium Mutual Insurance Company v Emond

Statutory Accident Benefit Claims and Judicial Review: SCC Grants Leave in Yatar v TD Insurance

In Yatar v TD Insurance Meloche Monnex, 2022 ONCA 446 [Yatar], the Ontario Court of Appeal (“ONCA”) considered the scope of appellants’ right to the remedy of judicial review in cases regarding disputes over statutory accident benefit claims. After considering the relevant factors, it concluded that courts should only grant judicial reviews sparingly in the […]

Moore v Sweet: SCC Ruling May Place Insurers in Difficult Position

In today's guest post, Danielle Mallozzi examines the Supreme Court of Canada's 2018 decision on whether life insurance beneficiaries should be enriched at the expense of unknowning premium payers.  In Moore v Sweet, 2018 SCC 25 (“Moore”), the Supreme Court of Canada (“SCC”) considered whether the appellant, Michelle Moore or the respondent, Risa Sweet was entitled […]

Econolodge v Lombard: Custody as a Question of Fact

When you park your car at a hotel or restaurant, or leave it with a valet, you might not think twice about leaving the keys behind. But can a business that holds the keys to your car be considered to exercise "care and control" over it? 3091‑5177 Québec Inc (Éconolodge Aéroport) v Lombard General Insurance […]

Interview with Allan Hutchinson: Legal Advocacy and Tragedy in Light of Neville-Lake v. Muzzo

Last year, TheCourt.ca posted an article discussing the fatal impaired driving incident that resulted in the death of all three of Jennifer and Edward Neville-Lake’s children. Daniel, Harrison and Milly were all under the age of ten. Jennifer’s father Gary—the children’s grandfather—was also killed in the crash. The sole survivors were their grandmother and great-grandmother, […]