Insurance
-
September 23, 2025
Getting to ‘yes’: Settlement approvals for persons under disability
No settlement involving a person under disability, which includes the elderly incapable of managing their property and personal care, is binding on that incapable person unless the court approves of the settlement. That is because, while settling disputes before a hearing is encouraged by our judicial system, the legislature also recognizes that the incapable person would not have been able to properly consent to the settlement, and the court ought to review settlement for appropriateness to safeguard the incapable person’s interests.
-
September 19, 2025
SCC rules 5-4 in favour of Toronto homeowners’ adverse possession claim against municipal parkland
In a far-reaching adverse possession judgment that rejects a judge-made immunity for municipal parkland facing matured possessory claims in Ontario, the Supreme Court of Canada has ruled 5-4 that two Toronto homeowners own a piece of adjoining municipal parkland that was fenced into their backyard decades ago by the home’s previous owner.
-
September 17, 2025
Reducing the ‘strikingly high’ commissions of auto brokers in Alberta: Another key to affordability
Two months ago, we explored how unrestrained auto body insurance fraud, evidenced by nine out of 10 hidden cameras and other indicators across Canada, likely impacts auto insurance affordability here in Alberta. This article recognizes another area of auto insurance that could use some serious reform: auto insurance broker regulation.
-
September 17, 2025
The future of estate law: Human AI prompts for the protection of creative legacies
“Non omnis moriar” (Not all of me will die) — Charles Jennens (1773)
-
September 16, 2025
Justice of the chocolate-y kind
Canada’s rich history with chocolate extends beyond its culinary appeal to include a fascinating intersection with legal frameworks. As the country continues to innovate and expand its chocolate industry, various legal themes emerge that shape the production, distribution and consumption of this beloved treat.
-
September 12, 2025
LSO advises real estate lawyers of new AML rules for title insurers
Ontario’s legal regulator is asking real estate lawyers to be aware of new anti-money laundering requirements for title insurers starting at the beginning of next month. As of Oct. 1, title insurers across Canada will become reporting entities under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) and regulated by the Financial Transactions and Reports Analysis Centre of Canada, also known as FINTRAC. Title insurance is a policy protecting property owners and lenders from financial loss due to title defects that weren’t discovered during a standard title search, such as fraudulent transfers and unpaid liens.
-
September 12, 2025
AUTOMOBILE INSURANCE - Accident benefits - Death benefits - Compulsory government schemes - No fault regimes
Appeal by Umpherville from a decision of the Automobile Insurance Appeal Commission, which upheld a decision denying death benefits under the Automobile Accident Insurance Act. Umpherville’s son, Sasakamoose, died after being involved in a confrontation with the police while in a vehicle.
-
September 10, 2025
Plaintiff’s family protection policy liable before defendant’s umbrella policy: court
The Ontario Court of Appeal ruled that once a vehicle owner’s $300,000 auto liability policy, which covered her daughter’s at-fault driving, was exhausted, the plaintiff’s family protection endorsement had to respond to the damages claim before the owner’s $1-million personal umbrella liability policy (PLUP).
-
September 10, 2025
Ontario Court of Appeal confirms: Insurer’s right to void policy survives renewal
The Ontario Court of Appeal has confirmed that an insurer can void a policy for misrepresentation — even after renewal — if it has consistently reserved its rights and never clearly waived them.
-
September 10, 2025
New OBA president hopes to bring ‘more conversational experience’ to position
The Ontario Bar Association (OBA) has a new leader at its helm. Katy Commisso took over the top job from former president Kathryn Manning at the beginning of September after serving a term as the first vice-president of the OBA, which is the professional association for Ontario's lawyers, judges and law students. She will serve for the 2025-26 term. Commisso, a native of Burlington, Ont., said she did not grow up wanting to be a lawyer.