The Litigator

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Compelling Commentary on Law Affecting Business

The Litigator
AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR

Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com  ·  www.thelitigator.ca

Supreme Court Provides a Window to Uniform Interpretation of Standard Form Insurance Contracts

The Supreme Court of Canada has provided guidance to the insurance industry on the interpretation of standard form insurance contracts in the recent decision of Ledcor Construction Ltd. v. Northbridge. [more] Full article

Curtains for auditor’s arguments at the Court of Appeal in Livent case

Livent Inc. (“Livent”) has prevailed at the Court of Appeal in its auditor’s negligence claim against Deloitte & Touche (“Deloitte”) concerning Deloitte’s failure to detect an accounting fraud carried out by Livent’s senior management. In the result, the trial judge’s $84,750,000.00 damage award (plus interest) was upheld. [more] Full article

Court of Appeal at fault, 30 class actions become a total loss

Last summer, in David Polowin Real Estate Ltd. v. Dominion of Canada General Insurance Co., the Ontario Court of Appeal overturned its own decision on a question of law it decided just a few years ago in McNaughton Automotive Ltd. v. Co-operators General Insurance Co. In so doing, the Court wrestled with whether and when it could, or should, overrule one of its past decisions. [more] Full article

Failure to identify changes in insured risks can render policies voidable

An insured must inform its insurer of any facts that affect its insurability or that an insurer would consider relevant in assessing risk. This duty to disclose such facts exists ... [more] Full article


Insurance Defence Contributors

David N. Vaillancourt

David N. Vaillancourt

Affleck Greene McMurtry LLP

David's practice expertise focuses on all matters of Commercial and Civil Litigation, Competition and Administrative Law. David has acted for clients in a wide range of disputes, including shareholder and partnership disputes, securities litigation, class action defence, proceedings under the Competition Act, employment law disputes, contract disputes, breach of confidence/intellectual property disputes, fidelity bond claims, and professional negligence claims. He has appeared before all levels of court in Ontario, including the Court of Appeal for Ontario, and has also appeared before the Competition Tribunal and the Federal Court of Appeal.

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