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

Paul Emerson, and Sonny Ingram
Affleck Greene McMurtry LLP December 9th, 2005

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. Full article

Failure to identify changes in insured risks can render policies voidable

Paul Emerson
Affleck Greene McMurtry LLP November 14th, 2005

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 [...] Full article