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The Litigator
AGM :: Affleck Greene McMurtry LLP
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Affleck Greene McMurtry LLP
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Ontario’s top court rejects retroactive application of Insurance Act amendment to claim arising from cannabis-caused fire

Adam Casey

The Ontario Court of Appeal recently provided clarification about the application of an amendment to the Insurance Act, in particular a provision that came into force in 2018 to limit the application of some exclusion clauses in insurance contracts. In Lin v Weng 2022 ONCA 367, the Court of Appeal held that the new section 129.1 of the Insurance Act does not apply retroactively, meaning that it does not apply to events or potential claims that occurred before the amendment came into force. The event at the heart of the case involved cannabis use gone awry. A policy holder rented ... [more] Full article

Ontario Superior Court of Justice Clarifies when Individual Claims Can Be Maintained Alongside a Pending Class Action

A recent ruling of the Ontario Superior Court of Justice provides clarification about when an individual action should be allowed to continue, despite the presence of pending class actions that ... [more] Full article


Insurance Coverage Litigation Contributors

Adam Casey

Adam Casey

Affleck Greene McMurtry LLP

Adam’s litigation practice includes a range of matters involving civil and commercial litigation, shareholder disputes, administrative law, competition law, and insurance defence. Adam joined AGM having completed his articles at a leading international law firm and graduated from the McGill University Faculty of Law.

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