In Michela v. St. Thomas of Villanova Catholic School, 2015 ONCA 801, the Court of Appeal answered the question of whether an employer’s financial circumstances are relevant to determining the period of reasonable notice for wrongfully dismissed employees with an unequivocal “no”. The case involved the wrongful dismissal claims of several teachers of a private […]
In Intact Insurance Company of Canada v. Lombard General Insurance Company of Canada, 2015 ONCA 764 the Ontario Court of Appeal signalled the death knell of the doctrine of laches in Ontario. The issue before the Court was whether loss-transfer claims made under s. 275 of the Insurance Act, R.S.O. 1990, c. I.8 can be […]
Insurers cannot subrogate against their own insureds, even where the insured is defended by another insurer. In Rochon v. Rochon, 2015 ONCA 746, Francois Rochon (“Francois”) was found negligent for having started a fire in his parents’ garage while working on his car. The house was insured under a residential home owner’s insurance policy (the […]
The principle of fortuity has been a long standing component of insurance law, providing that an insured can only recover for a loss that is neither intentional nor inevitable. In Non-Marine Underwriters, Lloyd’s of London v. Scalera, the Supreme Court of Canada described the principle as arising from the underlying economic rationale for insurance: It […]