The court applied the doctrine of contra proferentum to construe the ambiguous term “United States of America” and found that this term included the United States Virgin Islands. TD General Insurance Co. v. Baughan, [2013] O.J. No. 1327, March 8, 2013, Ontario Superior Court of Justice, E.M. Macdonald J.
An executive officer of a company was considered an employee for the purposes of an “employee injury exclusion clause”. The court held the wording was not ambiguous, despite its interpretation of the exception leading to the odd result that there could be coverage for employees also covered by workers’ compensation legislation, but not for employees ...
The use or operation of a vehicle does not directly cause impairment where the injury is caused by an intervening act that cannot reasonably be said to be part of the “ordinary course of things” associated with the use or operation of a vehicle. An injury does not arise directly or indirectly from the use ...
Litigation privilege does not automatically attach on the basis that litigation counsel has been retained in relation to an incident. Litigation privilege that arises between parties will dissolve if one party takes action against the other. Jetport Inc. v. Global Aerospace Underwriting Managers (Canada) Ltd., [2013] O.J. No. 156, January 10, 2013, Ontario Superior Court ...
Where coverage under an original policy lapses in accordance with its own terms, the principles of contract formation, rather than contractual interpretation, may apply in determining whether a new policy has come into existence. Khosah v. Canada Life Assurance Co., [2013] B.C.J. No. 99, January 11, 2013, British Columbia Court of Appeal, R.T.A. Low, D.M. Smith ...
A lessee with an option to purchase a vehicle is an “owner” under s. 1 of the Motor Vehicle Act. Other insurance policies contemplating an “owner” must be read in light of this definition. Lombard General Insurance Co. of Canada v. Canadian Direct Insurance Inc., [2013] B.C.J. No. 41, January 11, 2013, British Columbia Supreme ...
