Intact Insurance Company v. Allstate Insurance Company of Canada, 2016 ONCA 609 In this case, Ms. Paula Chartrand had commenced a long-distance relationship with Mr. Kyle Houghton. As the relationship progressed, Ms. Chartrand decided to leave her husband and move from Sudbury, Ontario with her two daughters to Sarnia, Ontario…
News & Resources
Insurers Bear the Burden of Non-Compliance with Non-Renewal Notice Requirements
Echelon General Insurance Co. v. Ontario (Minister of Finance), 2016 ONSC 5019. The insured purchased a six month automobile insurance policy in December 2008. Just ten days later Echelon purported to cancel the policy due to non-payment of premiums. The notice was not valid in accordance with the Insurance Act…
Welcome to our new Associate Kate Craner
Kelly Santini LLP is pleased to welcome Kathryn (Kate) Craner back to the firm as an Associate. Kate articled with the firm and was called to the Bar of Ontario in June, 2017. Kate’s corporate practice will focus on incorporations, shareholder agreements, restructurings and financing. She will also advise private…
Tyler Kerr Memorial Golf Tournament
Many congratulations to the organizers of this weekend’s Tyler Kerr Memorial Golf Tournament. Tyler was the stepson of our long-time legal assistant Angela Ouellet-Kerr. He died while playing for his Richmond Munster Minor Hockey Association (RMMHA) midget hockey team at just 15 years of age. He was later diagnosed with…
5 Signs The Time is Right to Incorporate Your Business
Related Articles Pros and cons of incorporating your business Understanding your liability when incorporating your business Incorporating with a numbered or named company When first going into business many sole proprietors and partnerships intentionally do not incorporate their business. This decision can be made for a variety of reasons including…
Does the Insurer have a Duty to Defend the Insured Based on the Policy’s Coverage?
Wal-Mart Canada Corp. v. Intact Insurance Company, 2016 ONSC 4971 In this case, Wal-Mart Canada Corp. (“Wal-Mart”) sought a declaration for defence and indemnification under a policy of insurance its maintenance subcontractor had with Intact Insurance Company (“Intact”). Walmart was a named insured under that policy. The tort action involved…
Insurers Must Provide Actual Reason(s) for Examinations Under Oath
This ruling was overturned on appealed – see ‘Compelling Attendance at an Examination Under Oath Requires Notice but not Reason‘ for full details. Aviva Insurance Company of Canada v. McKeown et al., 2016 ONSC 6017 This application, brought by the insurer, was a test case on the issue of whether…
Joint Retainers: When Multi-Parties Share the Same Lawyer
What exactly is a joint retainer and what are some of the pros and cons? When you select a lawyer, you are actually retaining the law firm and not exclusively the lawyer. At times, it makes sense for one or more unrelated parties to join forces and retain the same…