Monthly Archives: July 2013

“Blinkmanship” in Overlapping Coverage and Insurer Disputes: Aviva v. Lombard 2013 ONCA 416

In January 1995 a fire destroyed a Toronto apartment building.  Eight legal proceedings were brought against various defendants including the building’s owner, Axes Investment Inc. (“Axes”) and the property manager, Tandem Group Management Inc. (“Tandem”).

Three policies of insurance were …

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At the End of Their Leash: Potential Limits on the Scope of the Scienter Doctrine

It has long been held that the owner of a dog may be liable for the actions of their dog in one of two ways: strict liability under the doctrine of scienter or in negligence.

Liability will only attach under the …

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