Insurance

Canadian coverage, with verified short holdings, original analysis and links to the underlying sources. A publication date isn't the same as a decision date. The dates below identify which is shown.

179 verified publications. Showing the 36 most recent.

Decision 2026-03-26 · Open coverage

The Registered Insurance Brokers of Ontario and Stephen Philips, 2026 ONRIBODC 5

Ontario's insurance broker discipline panel found misconduct where a broker allowed an unlicensed intermediary to perform regulated client work, including handling an insurance application, despite the client's consent and the brokerage's knowledge of the arrangement. A broker cannot delegate licensing obligations by consent, although the absence of client harm or dishonest intent supported a reprimand and ethics education instead of a harsher penalty.

Decision 2026-09-28 · Open coverage

Stansfield v Stretton, 2026 BCSC 1994

The BC Supreme Court preserved a civil jury’s $103,000 personal injury damages award, holding that a $1,056.78 upward rounding adjustment was a procedural irregularity rather than an invalid verdict. The court directed the final order to reflect the adjustment while an appeal of the jury verdict remained outstanding.

Decision 2026-09-11 · Open coverage

Abousaeedi v Cactus Cafe Ltd., 2026 BCSC 1905

The BC Supreme Court set aside the dismissal of a restaurant patron’s battery claim after finding that the trial judge misapplied the legal test for consent and self-defence. It ordered a new trial without deciding whether the restaurant was liable for its employee’s conduct.

Decision 2026-09-21 · Open coverage

T&S Transportation Systems Inc. v Bendix Commercial Vehicle Systems LLC, 2026 BCSC 1942

The BC Supreme Court dismissed a truck fire product liability action because the truck, components and records had been destroyed, creating a substantial risk that a fair trial was impossible. It declined to find spoliation because the evidence did not establish that the items were destroyed to affect the litigation.

Decision 2026-10-19 · Open coverage

Franks v Viel, 2026 BCSC 1999

The BC Supreme Court distinguished accident-related injuries from the risks posed by a pedestrian’s pre-existing spinal condition and awarded $702,964 following an admitted-liability motor vehicle collision. Its assessment applied thin-skull and crumbling-skull principles to the evidence, without deciding any insurance coverage issue.

Decision 2026-07-03 · Open coverage

Trebell v. Canada Life Assurance Company, 2026 ONCA 481

The statutory condition governing when a life insurance contract takes effect is analytically distinct from later contestability rules. The Court of Appeal allowed Canada Life’s appeal and set aside summary judgment.

Decision 2026-05-11 · Open coverage

Green Rise Foods Inc. v. N.V. Hagelunie, 2026 ONCA 334

Where a loss results from a sequence of events, coverage analysis cannot stop at the immediate physical cause. The Court of Appeal allowed the appeal from summary judgment for the insurer.

Decision 2026-04-30 · Open coverage

Chubb Insurance Company of Canada v. Zurich Insurance Company, 2026 ONCA 302

Ontario’s insurer priority regime requires the first insurer receiving an application to pay pending resolution and to give timely notice if another insurer is said to be responsible. The Court of Appeal allowed Zurich’s appeal and reinstated the arbitrator’s decision requiring Chubb to pay the benefits.

Decision 2026-02-20 · Open coverage

Delos Santos v ICBC, 2026 BCSC 659

The tribunal reasonably applied the statutory employment and disability requirements to the record. The Court upheld the tribunal decision and dismissed the petition.

Decision 2026-03-04 · Open coverage

Barr v. Insurance Corporation of British Columbia, 2026 BCSC 364

The reasonable efforts requirement is contextual. On a severed liability determination, the Court found the defendants liable and held that the plaintiff had made all reasonable efforts required by section 24 of the Insurance (Vehicle) Act.

Decision 2026-04-21 · Open coverage

Ranseth v Kirby Insurance Agencies Ltd., 2026 BCSC 832

The requested discovery was relevant to live issues including what occurred when coverage was placed, when a plausible broker negligence claim became discoverable, and damages. The Court granted the broker’s document production and further discovery applications, with costs in the cause.

Decision 2026-04-13 · Open coverage

Island Insurance Agency Ltd. v Imraj S. Gill Law Corporation, 2026 BCSC 635

A decision refusing to set aside default could not stand where its central conclusion rested on a material misunderstanding of evidence about which vehicle the messages concerned and whether the producer had accepted responsibility. The Supreme Court granted judicial review.

Decision 2026-04-01 · Open coverage

Lau v Insurance Corporation of British Columbia, 2026 BCSC 574

An insurer controlling the defence owes good faith and must give the insured’s interests at least equal consideration where policy limits create personal exposure. The Court found breaches of duty by ICBC, defence counsel and independent counsel and assessed a 15% lost chance to avoid or reduce the insured’s loss.

Decision 2026-01-12 · Open coverage

Ismail v The Dominion of Canada General Insurance Company, 2026 CanLII 2281 (ON LAT)

Under SABS sections 32 and 34, ignorance of the rules and an uncorroborated assertion of cognitive impairment did not adequately explain the delays. The Tribunal barred the claim under SABS section 55(1), excluded an affidavit provided contrary to the case conference order, and vacated any substantive hearing date.

Decision 2026-03-03 · Open coverage

Fearon v. Insurance Corporation of British Columbia, 2026 BCCA 81

The statutory reasonable efforts inquiry is holistic and fact specific. The Court of Appeal allowed the appeal, held that all reasonable efforts had been made in the circumstances, and remitted the matter to the trial court for assessment of damages.

Decision 2026-07-20 · Open coverage

Sparks v. Primmum Insurance Company, 2026 ONSC 3803

An insurer’s written refusal notice under SABS s. Section 54 of the SABS requires the insurer to advise of the right to dispute the refusal through an application to the LAT, not every potential later reconsideration, appeal or judicial review route (paras.

Decision 2025-09-04 · Open coverage

RYAN DAVID MYERS, 2025 CanLII 147382 (ON RIBODC)

A broker who learns that an insurer will not renew a policy must promptly investigate the impact and attempt immediate direct contact with the client, documenting attempts, instead of relying only on a late mailed letter (original reasons paragraphs 9-15, 23). The panel found misconduct under O Reg 991 s 15(1)(9) for breach of Code of Conduct s 14(3), accepted the joint penalty proposal, reprimanded the broker, and imposed a $1,500 fine effective September 4, 2025 (original reasons paragraphs 16-19).

Decision 2026-06-03 · Open coverage

Avery v. The Personal Insurance Company, 2026 NSSC 181

An SEF 44 claim is discoverable when the insured has accumulated enough evidence to have a reasonable chance of showing that the claim exceeds the statutory minimum liability limit. The Court held that the two year limitation period had expired but exercised its statutory discretion to disallow The Personal’s limitation defence, allowing the SEF 44 claim to proceed.

Decision 2026-07-10 · Open coverage

ADP Financial Ltd. v. AWM Financial Services Inc., 2026 BCCA 297

The words in historic correspondence had to be read against the commercial context, including the ability of an MGA to withhold a book transfer. The appellate court upheld the interpretation that release and transfer of the book was not a relinquishment of agency servicing fees.

Decision 2026-03-26 · Open coverage

The Registered Insurance Brokers of Ontario and Stephen Philips, 2026 ONRIBODC 5

The panel held that a licensed broker may not delegate licensed brokerage work to an unlicensed referral source, particularly execution of an insurance application, even when clients consent or brokerage personnel know of the referral relationship (paras 18-20). Panel accepted guilty plea under O Reg 991, Code of Conduct paragraphs 14.1, 14.3 and 14.6 for failing to maintain integrity, diligent client service, and safekeeping of client material.

Decision 2026-02-20 · Open coverage

Barnard v. The Portage Mutual Insurance Company, 2026 NSSC 64

The certification record supported a narrowed contract and discrete good faith theory concerning EI disability deductions, but not the broader proposed causes of action and remedies. The Court concluded that a narrowed class and five common issues concerning deductions of Employment Insurance disability benefits could otherwise meet certification requirements, but the proposed representative plaintiff was not adequate for that narrowed class.

Decision 2026-09-15 · Open coverage

Kallu v The Wawanesa Mutual Insurance Company, 2026 BCCA 385

British Columbia's statutory condition on material change in risk requires prompt written notice of a change that is material and within the insured's knowledge and control. The British Columbia Court of Appeal dismissed the appeal.

Decision 2026-10-21 · Open coverage

Newey v. ICBC, 2026 BCCRT 1503

A driver blamed an unsafe lane change for a 3 vehicle collision, but BC's Civil Resolution Tribunal found he had time to rebuild a safe following distance. ICBC's finding that he was 100% responsible stood, even though the other driver technically broke a lane change rule.

Published 2026-10-25 · Open coverage

OSFI updates insurer financial returns for IFRS 18 implementation

OSFI says federally regulated property and casualty insurers face revised PC1, PC2, PC3 and PCPROV reporting forms as IFRS 18 takes effect in 2027. The Q4 2026 forms remain unchanged, and implementation depends on each insurer's fiscal year end.

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