Bradfield v. Royal Sun Alliance Insurance Company of Canada

JurisdictionOntario
CourtCourt of Appeal (Ontario)
JudgeDoherty, Harvison Young and Thorburn JJ.A.
Citation2019 ONCA 800
Docket NumberC65787
Date07 October 2019

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15 practice notes
  • Trial Lawyers Association of British Columbia v. Royal & Sun Alliance Insurance Company of Canada
    • Canada
    • Supreme Court (Canada)
    • November 18, 2021
    ...(1998), 24 Monash U.L. Rev. 115. APPEAL from a judgment of the Ontario Court of Appeal (Doherty, Harvison Young and Thorburn JJ.A.), 2019 ONCA 800, 148 O.R. (3d) 161, 439 D.L.R. (4th) 115, 96 C.C.L.I. (5th) 68, [2020] I.L.R. I‑6194, 53 M.V.R. (7th) 25, [2019] O.J. No. 5047 (QL), 2019 Carswe......
  • Court Of Appeal Summaries (October 7 – October 11 2019)
    • Canada
    • Mondaq Canada
    • October 24, 2019
    ...Law, Custody and Access, Civil Procedure, Orders, Enforcement, Contempt Bradfield v Royal Sun Alliance Insurance Company of Canada, 2019 ONCA 800 Keywords: Contracts, Insurance, Automobile, Coverage, Waiver, Estoppel, Insurance Act, RSO 1990, c I8, s 131(1), Saskatchewan River Bungalows Ltd......
  • The Dominion of Canada Insurance Company v. Trafalgar Insurance Company
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 21, 2022
    ...v. Kim, 1998 CarswellOnt 3499. [8] Campbell v.1493951 Ontario Inc., 2021 ONCA 169. [9] Bradfield v. Royal Sun Alliance Company of Canada, 2019 ONCA 800; Ryan v. Moore, 2005 SCC [10] Continental Casualty Company v. Chubb Insurance Company of Canada, 2022 ONCA 188, at paras. 46-48; Wawanesa M......
  • Wawanesa Mutual Insurance Co. v. Watson
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 5, 2024
    ...at para. 20. [13] 2010 SCC 33 at para. 19. [14] (2002), 59 O.R. (3d) 417 (C.A.), aff’g (2001), 32 C.C.L.I. (3d) 284 (Ont. S.C.J.). [15] 2019 ONCA 800 at paras. 30-33, aff’d 2021 SCC [16] [2001] O.J. No. 368 (S.C.J.). 31. The principle underlying both do...
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8 cases
  • Trial Lawyers Association of British Columbia v. Royal & Sun Alliance Insurance Company of Canada
    • Canada
    • Supreme Court (Canada)
    • November 18, 2021
    ...(1998), 24 Monash U.L. Rev. 115. APPEAL from a judgment of the Ontario Court of Appeal (Doherty, Harvison Young and Thorburn JJ.A.), 2019 ONCA 800, 148 O.R. (3d) 161, 439 D.L.R. (4th) 115, 96 C.C.L.I. (5th) 68, [2020] I.L.R. I‑6194, 53 M.V.R. (7th) 25, [2019] O.J. No. 5047 (QL), 2019 Carswe......
  • The Dominion of Canada Insurance Company v. Trafalgar Insurance Company
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 21, 2022
    ...v. Kim, 1998 CarswellOnt 3499. [8] Campbell v.1493951 Ontario Inc., 2021 ONCA 169. [9] Bradfield v. Royal Sun Alliance Company of Canada, 2019 ONCA 800; Ryan v. Moore, 2005 SCC [10] Continental Casualty Company v. Chubb Insurance Company of Canada, 2022 ONCA 188, at paras. 46-48; Wawanesa M......
  • Wawanesa Mutual Insurance Co. v. Watson
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 5, 2024
    ...at para. 20. [13] 2010 SCC 33 at para. 19. [14] (2002), 59 O.R. (3d) 417 (C.A.), aff’g (2001), 32 C.C.L.I. (3d) 284 (Ont. S.C.J.). [15] 2019 ONCA 800 at paras. 30-33, aff’d 2021 SCC [16] [2001] O.J. No. 368 (S.C.J.). 31. The principle underlying both do...
  • Susin v. TD Waterhouse Discount Brokerage
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • February 12, 2020
    ...of rights and (ii) an unequivocal and conscious intention to abandon them (Bradfield v. Royal Sun Alliance Insurance Company of Canada, 2019 ONCA 800, at paras. [105]      In the present case, the parties agreed in the Margin Agreement that any notice or demand woul......
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7 firm's commentaries
  • Court Of Appeal Summaries (October 7 – October 11 2019)
    • Canada
    • Mondaq Canada
    • October 24, 2019
    ...Law, Custody and Access, Civil Procedure, Orders, Enforcement, Contempt Bradfield v Royal Sun Alliance Insurance Company of Canada, 2019 ONCA 800 Keywords: Contracts, Insurance, Automobile, Coverage, Waiver, Estoppel, Insurance Act, RSO 1990, c I8, s 131(1), Saskatchewan River Bungalows Ltd......
  • Leave To Appeal To Supreme Court Of Canada On Issue Of Insurer's Potential Waiver Of Rights
    • Canada
    • Mondaq Canada
    • May 4, 2020
    ...of a decision from the Ontario Court of Appeal, Bradfield v Royal Sun Alliance Insurance Company of Canada, 2019 ONCA 800, has recently been granted leave to appeal to the Supreme Court of Canada. The basis of the appeal is whether actual knowledge or imputed knowledge is required for waive......
  • When Does An Insurer Waive Its Right To Deny Coverage? The SCC To Provide Guidance
    • Canada
    • Mondaq Canada
    • May 21, 2020
    ...23, 2020, the Supreme Court of Canada granted leave to appeal in Bradfield v Royal Sun Alliance Insurance Company, 2019 ONCA 800, and thereby signaled its intent to consider the circumstances in which an insurer may deny coverage for a claim it has been defending without a reservation of Br......
  • Don't 'Waive' Goodbye To Your Right To Deny Coverage
    • Canada
    • Mondaq Canada
    • October 30, 2019
    ...student Preston Brasch for his help in preparing this legal update. Footnote Bradfield v Royal Sun Alliance Insurance Company of Canada, 2019 ONCA 800. About Norton Rose Fulbright Canada Norton Rose Fulbright is a global law firm. We provide the world's preeminent corporations and financial......
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