Superior Court Highlights How Delayed Notice Caused Prejudice to the Insurer
In the recent decision, Furtado v. Lloyd’s Underwriters, 2023 ONSC 5803, the Ontario Superior Court of Justice has provided insight on the issue of when an insured under a Directors and Officers’ Liability Policy may be precluded from seeking coverage for his legal costs due to a delay in notifying the insurer. Background The insured was covered by a Director and Officers’ Liability Policy issued by the respondent. He made a claim under the policy for defence costs related to an Ontario Securities Commission (“OSC”) investigation and receivership proceeding. The respondent denied coverage on the basis that the applicant did ... [more] Full article
Court of Appeal denies recovery from fraudster’s wife
In a decision released on August 21, 2023 in Sase Aggregate Ltd. v. Langdon, Ontario’s top court affirmed the decision below denying a defrauded company’s attempt to recover from the wife ... [more] Full article
Court of Appeal Comments on Knowledge Requirement for Torts of Knowing Assistance and Knowing Receipt
In Quantum Dealer Financial Corporation v Toronto Fine Cars and Leasing Inc 2023 ONCA 256, the Court of Appeal provided insight on the factual record required to find strangers to ... [more] Full article
Trust Matters: Requirements for intention to create a trust without a written agreement
The Ontario Court of Appeal recently confirmed the requirements for “certainty of intention” to create a trust in the absence of formal trust documentation. An objective standard must be applied ... [more] Full article
- 2021: Contracts year in review
- Commercial lease not renewed in time; landlord’s silence as to deadline not bad faith
- Banks Do Not Owe A General Duty Of Care To A Customer To Prevent “Insider Abuse”
- Commercial landlord on the hook for tenant shareholder’s loss in share value: Ontario Appellate Court clarifies limits on traditional rule that shareholders cannot sue for wrongs to the corporation
Commercial Litigation Contributors
- Anti-SLAPP (RSS) (3)
- Appeals and Judicial Review (RSS) (29)
- Arbitration (RSS) (19)
- Attacks on Business Interests (RSS) (5)
- Attacks on Reputation (RSS) (4)
- Banking Litigation (RSS) (10)
- Broker/Dealer litigation (RSS) (9)
- Civil Litigation (RSS) (13)
- Class Actions (RSS) (53)
- Conflicts of Law and Enforcement of Foreign Judgments (RSS) (16)
- Construction (including Performance and L&M Bond Defense) (RSS) (4)
- Corporate Litigation (RSS) (10)
- Debtor-Creditor and Banking Litigation (RSS) (10)
- Defamation (RSS) (9)
- Disputes over Contracts (RSS) (31)
- Disputes within Companies and Partnerships (RSS) (16)
- Employment Litigation (RSS) (29)
- Enforcement of Foreign Judgments (RSS) (7)
- Franchises (RSS) (4)
- Frauds, Misrepresentation, Deceit (RSS) (19)
- Injunctions (RSS) (10)
- Insurance Defence (RSS) (5)
- Intellectual Property (RSS) (5)
- International Trade (RSS) (6)
- Investor-State Disputes (RSS) (3)
- Legal Crisis Management (RSS) (2)
- Mediation and other Alternative Dispute Resolution (RSS) (8)
- Privacy Law (RSS) (4)
- Privilege (RSS) (1)
- Products Liability (RSS) (2)
- Professional Negligence and Discipline Hearings (RSS) (11)
- Remedies for Emergency Relief (RSS) (2)
- Securities Litigation (RSS) (73)
- Securities Regulatory (RSS) (11)
- Shareholder Litigation (RSS) (12)
- Speaking Engagements (RSS) (9)
- White Collar Crime (RSS) (5)
- Wrongful Dismissal (RSS) (11)