Litigation over insurance coverage is really a quest for meaning: Does the insurance policy cover the loss at issue? Construing the insurance policy, courts are attempting to give legal effect to what the document purports to command. But what were the intentions and expectations of insurer and...

The COVID-19 pandemic created not only a public health crisis but also an insurance coverage imbroglio, prompting near-immediate business interruption claims by policyholders impacted by government restrictions ordered in response to the pandemic. Insurers and their representatives...

This article about causation in negligence law is different from past attempts at unraveling causation in Canada. It argues that there is nothing overly confusing about the law of causation in negligence. Rather than lament the confusing state of affairs or argue for a new causation test, the...

Advocates contemplating seeking Leave to Appeal to the Supreme Court of Canada in personal injury cases face a unique decision calculus. The strategy at this Court is different from that of other appellate courts because the Supreme Court of Canada uses a particular test for granting Leave:...

The Canadian accident law system has been a microcosm of social experiments in legal reform. The chief concerns motivating any accident law system reform efforts in Canada have been the perennial issues that prompt accident law reform in any country: litigation cost containment, insurance cost...

This article explores the impact of the COVID-19 pandemic on the insurance industry and analyzes whether most Canadian businesses are insured for business interruptions and losses caused by the pandemic. The author suggests that pandemic-related losses are insurable. Insurers have had sufficient...

Insurance policies are a type of contract. But characterizing them only as contracts misses much of the richness of the insurance arrangement, policyholder-insurer relations, and the degree to which insurance policies, which are heavily standardized, are designed to perform a particular...