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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Limitation Periods: Ultimate Edition: The impact of Huether v. Sharpe, 2025 ONCA 140
Since 2002 when the (then new) Limitations Act 2002 (the “Act”) came into being, there was a section looming, spoken of in only hushed tones by members of the bar: The Ultimate Limitation Period.
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.