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 even in the absence of a specific request for them. An insured may face coverage issues if it breaches this obligation and withholds facts that are relevant to an insurer’s determination of the nature and extent of the risk being insured. The Ontario Court of Appeal recently confirmed this well-established principle of insurance law and elaborated on how to determine whether the duty has been discharged in W.H. Stuart Mutuals ... [more]
Foreign litigants beware
A single piece of paper can force you to litigate a foreign-based action in Ontario
Commercial Litigation Update – November 2005
Does world wide web mean world-wide liability for cyber libel?
Canadian and Commonwealth courts apply old rules to new technologies
In a series of recent decisions, courts in Canada and the Commonwealth have adapted the traditional rules for defamation and jurisdiction to defamation on the internet, and will take jurisdiction if the defamatory materials were downloaded to any significant extent within the jurisdiction, provided that the plaintiff has a sufficient connection with the jurisdiction. As a result, foreign publications with online readers in Canada can be liable in Canada for defaming someone in Canada. [more]
Synthetic rubber and polyester staple class actions settle
Settlements have been reached in two class actions alleging price fixing in the market for two kinds of synthetic rubber as well as polyester staple. [more]
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