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.
In this concluding commentary on the firm’s title insurance work, we summarize the series and offer practical advice to homeowners and homebuyers. The key lesson: residential title insurance policies cover far more than title alone, including many physical problems with a home that owners assume fall outside their coverage.
The “Police Powers” exclusion in a Canadian title insurance policy reads as though it swallows almost everything, and some insurers deny claims on that basis. In fact it has to be parsed closely: it carves out a long list of Covered Risks, including building permit and local authority search coverage. This commentary walks through how the exclusion actually works and why a denial that leans on it should not be taken at face value.
The “Building Permit” and “Local Authority Search” coverages in a residential title insurance policy come with exclusions homeowners need to recognize. This commentary looks at two of them, “suffered, created or assumed” and “known to the insured but not the insurer,” and explains how the duty of utmost good faith and the policy’s defined terms shape what is actually covered.
The defence was universally successful on a hard-fought set of motions in Avedian v Enbridge Gas Distribution, including the plaintiff’s bids to strike the defences and to recuse the trial judge. The court awarded $195,000 in costs, well above the usual range for a motion, and its reasons are a clear reminder of the price unnecessary and tactical motions impose on clients and the court.
Local Authority Search coverage is one of the more useful protections in a residential title insurance policy, and one insurers tend to read narrowly. This commentary traces how the coverage developed, why a building permit that was only “opened” is not the same as one properly closed, and what that means when a homeowner later discovers unpermitted or uninspected work.
You saved for years, bought a home, and then discovered it was not built properly, perhaps not even safe to live in. This commentary explains “Building Permit” coverage under a residential title insurance policy: what it covers when a previous owner built without a required permit, and how it fits alongside claims against vendors, builders, and inspectors.
A denial or cut-off of your long-term disability benefits is not the end of the road, but the clock is often already running. This guide explains why insurers deny and terminate LTD claims, including the ‘own occupation’ to ‘any occupation’ switch at two years, the two-year deadline to sue that an internal appeal does not pause, and the steps to fight back and get your benefits reinstated.
Title insurance claims are on the rise in Ontario, and open building permits are one of the most common triggers. In the first of a series, our Insurance Law group explains what a title insurance policy actually covers, how covered-risk wording is interpreted, and why one Toronto homeowner’s building permit claim was denied.
Title insurance has become a near-standard part of Ontario real estate deals, protecting both owners and lenders against hidden risks. This guide explains what a title insurance policy typically covers, from fraud and forgery to survey, zoning, and title-defect problems, and the exclusions you should be aware of.
Statutory third parties are one of the trickier corners of Ontario automobile insurance litigation. This practitioner’s guide explains s. 258(14) of the Insurance Act: when an insurer can add itself as a statutory third party after denying coverage, how other parties can challenge that step, and the potential for prejudice to the at-fault defendant.