Property Insurance
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OVERVIEW
Our Property Insurance Group has expertise in all classes of commercial and personal lines property insurance, including "all risks" and "named perils" commercial property, boiler and machinery, builders risk, course of construction, special risks, inland marine, and homeowners.
Working closely with insurers and professionals in the adjusting, engineering, construction, accounting, environmental, technology, investigation, and management communities, the members of this group are dedicated to providing our clients with the necessary assistance to promptly investigate and assess coverage for virtually any first-party property damage and/or time element/business interruption claim.
SERVICES
Our lawyers provide a range of services on a time-sensitive basis, including:
- attending, when and where required, on any loss to assist in the investigation and preservation of critical evidence;
- ascertaining the required expertise and marshalling the appropriate human resources to determine the origin and cause of the loss;
- providing opinions on policy coverage application;
- representing insurers in coverage disputes; and
- aggressively pursuing subrogated recovery in a timely and cost-effective manner.
Members of the Property Insurance Group also enjoy a solid reputation for their ability to work with representatives of various municipal, provincial, and federal regulatory agencies (e.g. the Ontario Fire Marshal's Office, Technical Standards and Safety Authority, and federal, provincial, and municipal police forces). This positive relationship is essential to ensure that the interests of our clients are properly protected in the aftermath of a loss.
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Nuances Between Judge-Alone and Jury Trials
During the COVID-19 pandemic, the courts were unable to hold jury trials for many civil claims, particularly MVA and tort cases. This ended in May 2022, and jury trials for civil cases have since resumed. During this time, many decisions proceeded before only a judge. This paper will outline the major differences between judge-alone and jury trials.
Causation And Standard Of Proof For A Hypothetical Pre-Trial Loss
First Published in Advocates Quarterly. This paper addresses whether the same principles regarding the “real and substantial possibility” standard of proof apply to a hypothetical past loss claim as they do to a hypothetical future loss claim, and the interplay between the two standards of proof applicable to hypothetical claims: balance of probabilities for the “but for” causation test, and “real and substantial possibility” for damages.
Improperly sued? Can you recover costs if the action is dismissed? Rule 23.05
In order to protect limitation periods, especially in cases where liability is yet to be determined, there is an obligation on counsel to identify, name, and pursue all parties who may be liable to the plaintiff(s). However, as the discovery process begins, parties often become aware that they have added in a party that will bear no liability to the plaintiff(s). Often, parties are able to consent to a dismissal or discontinuance without costs; however, there are cases in which defendant(s) will not go out without costs. In these cases, parties can move for a ruling under Rule 23.05...