Aquatech Logistics Inc. and Aviva Insurance Company of Canada v. Lombard Insurance Company, ACE INA Insurance, Lloyd’s Underwriters, Economical Mutual and Jevco, 2015 ONSC 5858
The accidental delivery of hydrochloric acid instead of chlorine to a swimming pool gave rise to a poisonous cloud of potentially deadly chlorine gas, and some litigation, including a class action proceeding. On behalf of the defendant and its insurer, this was an application against one insurer under the relevant comprehensive general liability policy and another insurer under a pollution incident liability policy for a sharing of the expense obligation.
The principals of equitable contribution were applied, and the insurers in question were required to pay their share of the defence.
Middleton v Pankhurst, 2016 ONSC 3157
A probation order arising from a conviction for careless driving prohibited an individual from operating a motor vehicle after 8:00 p.m., and after having consumed any alcohol. On the evening in question, around midnight and after having consumed alcohol, the individual crashed a snowmobile seriously injuring his passenger.
The trial decision answers the question as to whether the breach of parole affects the individual’s entitlement to liability coverage under his automobile policy.
Kempf v Nguyen, 2013 ONSC 1977; 2013 ONSC 1129; 2015 ONCA 114
A bicycle accident during the 2008 Becel Ride for Heart left our client with a collection of unfortunate physical injuries even after he survived a series of life threatening emergencies at hospital following the trauma of the accident. Our firm brought this case to trial backed up by the research acumen of Christine Matthews. The result was a judgment in favour of the plaintiff to the extent of 100% on liability, damages having been agreed upon in advance.
Following the appeal (new trial ordered) the case was favourably resolved.