Ontario Insurance Law & Commentary, 2023 Edition

This concise guide to non-automobile-related insurance law in Ontario is designed for insurance law practitioners, in-house counsel, and insurance companies and professionals. The extensive commentary, developed by Michael S. Teitelbaum and edited and updated by Bevin Shores of Gowling WLG, provides an overview of the principles and key issues in liability, property and life insurance, plus an annotated review of key provisions of the Insurance Act.

This annually updated desktop reference includes these unique features:

• Expert overview commentary on key elements in the practice of liability, property and life insurance – gives you a better grasp of common issues in daily practice
• Expert review of key provisions of the Ontario Insurance Act – assists you in the proper interpretation of the key provisions
• Expert insights on recent developments and practice issues – keeps you up-to-date and informed
• Full text of the Insurance Act and key Regulations, and related legislation – provides ready access to the most current legislation
• Full text of pertinent Superintendent's Guidelines – keeps you on guard for operational protocols

Highlights of the 2023 Edition

• Updated and revised commentary
• Discussion of key recent decisions such as:
  • Trial Lawyers Association of British Columbia v. Royal & Sun Alliance Insurance Company of Canada, in which the Supreme Court of Canada considered the concepts of waiver and estoppel in an insurance context, and declined to expand an insurer’s duty to investigate coverage to third parties;
  • Loblaw Companies Ltd. v. Royal & Sun Alliance Insurance Co. of Canada, in which the Ontario Superior Court of Justice considers equitable allocation among multiple insurers owing a duty to defend, and directed robust ethical screens to prevent sharing of privileged defence information with other insureds and for coverage purposes;
  • Scaffidi-Argentina v. Tega Homes Developments Inc., in which the Ontario Court of Appeal affirmed that an insurer’s subrogated claim was barred by a waiver of subrogation clause in a wrap up policy, despite the loss itself being excluded under the policy;
  • Epcor Electricity Distribution Ontario Inc. v. Municipal Electric Assn. Reciprocal Insurance Exchange, in which the Ontario Superior Court of Justice considered whether participation in a judicial inquiry constituted a “proceeding” “against” the insured;
  • 202135 Ontario Inc. (c.o.b. Helping Hands Daycare) v. Northbridge General Insurance Corp., in which the Ontario Court of Appeal interpreted a limitation of liability clause in a business policy providing pandemic coverage;
  • Nordik Windows Inc. v. Aviva Insurance Co. of Canada, in which the Ontario Superior Court of Justice certified representative plaintiffs in a class action concerning business interruption coverage for the COVID-19 pandemic, on the basis that it was “arguable” that the plaintiffs’ losses were caused by order of civil authority;
  • IT Haven Inc. v. Certain Underwriters at Lloyd's, London, in which the Ontario Court of Appeal clarified the approach for Courts to apply when considering the duty to defend in situations where insurer alleges policy breach; and
  • MDS Inc. v. Factory Mutual Insurance Co. (c.o.b. FM Global), in which the Ontario Court of Appeal found that “corrosion” is unambiguous, such that a corrosion exclusion applied; and concluded that a “resulting damage” exception to the corrosion exclusion does not encompass loss of use.

Who Should Buy

• Insurance law practitioners including private, government, corporate and in-house counsel – who want to stay abreast of recent developments and practice issues
• Insurance companies including insurance brokers, adjusters and risk managers – who need to interpret and explain insurance policies
• Insurance professionals' institutes – who need to be a resource for members on current practice issues
• Large business corporations – who need an authoritative overview of the legislative framework and ready access to the legislation
• Academic institutions – who want to add a practitioner's discussion of insurance law to their resources