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Insurance Law

Civil Litigation & Appellate Advocacy

Insurance law governs the relationship between insurers and the insured, from the wording of a policy to the handling of a claim and the litigation that follows a denial. Posts in this category address coverage disputes, title insurance, long-term disability denials and the duties insurers owe to those they insure in Ontario.

The firm acts for insureds and claimants and appears at all levels of court on coverage and good-faith questions. The commentary is written to make a technical area accessible without losing the detail that decides cases.

None of it is a substitute for advice on your own policy, which turns on its specific wording and the facts of the claim.

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Legal case banner on dark blue background: firm name on the left, case comment label on the right, large title Chippewas v Sexton’s Mechanical Limited with subtitle about builder’s risk and subrogation

The Contract Strikes Back: How a Breach of Builder’s Risk Obligations Defeated a Subrogated Claim

Joel Cormier June 12, 2026

A subrogating insurer steps into its insured’s shoes, and inherits its insured’s contractual breaches along the way. In Chippewas v Sexton’s Mechanical Limited, the owner cancelled the required builder’s risk policy before occupancy and before the loss. On summary judgment, the subrogated claim was dismissed. A cautionary read for insurers and contractors alike.

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Apartment Building

No Damages Awarded for “The Building that Blew Up”: $16 Million Damages Claim Dismissed After 13-Years of Litigation

Margaret Klassen November 10, 2025

Liability for the 2010 laundry-room gas explosion was admitted, so the only question at trial was damages, and the plaintiffs sought more than $16 million. After a four-week trial and nearly 13 years of litigation, Justice Schabas of the Ontario Superior Court dismissed the action entirely, finding the plaintiffs had not proven the explosion caused their claimed losses. Christopher Morrison and Margaret Klassen acted for the fourth parties.

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Title Insurance - Policy Powers Exclusion

Title Insurance – Police Powers Exclusion

David Morin November 11, 2024

At first “blush” this Exclusion appears to exclude just about everything. Regrettably we have seen denials from title insurers that reference this Exclusion in a very aggressive way. Title insurers, and the lawyers that sell their policies, suggest to Insureds that they can make claims on their own behalf.

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A person signing a real estate agreement

Title Insurance Exclusions – “Suffered, Created or Assumed” and “Known to the Insured but not the Insurer”

David Morin October 1, 2024

In our first three commentaries on the residential title insurance polices available today we discussed two coverages – “Building Permit” coverage and its sometimes related “Local Authority Search” coverage. While these coverages can be of use to insured homeowners who discover construction defects there are exclusions that readers need to recognize.

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