Hemlow Estate v. Co-operators General Insurance Company,

JurisdictionOntario
JudgeMacPherson, Simmons and Nordheimer JJ.A.
Citation2021 ONCA 908
Docket NumberC69114
CourtCourt of Appeal (Ontario)
Date20 December 2021

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14 practice notes
  • Court Of Appeal Summaries (March 6 ' 10, 2023)
    • Canada
    • Mondaq Canada
    • March 20, 2023
    ...37, [2016] 2 S.C.R. 23, Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53, Hemlow Estate v. Co-operators General Insurance Company, 2021 ONCA 908, Apps v. Grouse Mountain Resorts Ltd., 2020 BCCA 78, Crosby (Estate) v. Native Fishing Assoc., 2001 BCCA 118, Chilton v. Co-Operators Gener......
  • Court Of Appeal Summaries (December 20-24, 2021)
    • Canada
    • Mondaq Canada
    • December 30, 2021
    ...Shelanu Inc. v. Print Three Franchising Corp.(2003), 64 O.R. (3d) 533 (C.A.) Hemlow Estate v. Co-operator General Insurance Company, 2021 ONCA 908 Keywords: Contracts, Interpretation, Insurance, Commercial General Liability, Coverage, Duty to defend, Sattva Capital Corp. v. Creston Moly Cor......
  • Court Of Appeal Summaries (December 20-24, 2021)
    • Canada
    • Mondaq Canada
    • December 30, 2021
    ...Shelanu Inc. v. Print Three Franchising Corp.(2003), 64 O.R. (3d) 533 (C.A.) Hemlow Estate v. Co-operator General Insurance Company, 2021 ONCA 908 Keywords: Contracts, Interpretation, Insurance, Commercial General Liability, Coverage, Duty to defend, Sattva Capital Corp. v. Creston Moly Cor......
  • 908593 Ontario Limited v. Atradius,
    • Canada
    • Court of Appeal (Ontario)
    • March 6, 2023
    ...palpable and overriding error standard of review applies: Ledcor, at para. 21; Hemlow Estate v. Co-operators General Insurance Company, 2021 ONCA 908, 160 O.R. (3d) 467, at paras. 13-14, leave to appeal to S.C.C. refused, [2022] S.C.C.A. No. 51. The appellant has failed to demonstrate that ......
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7 cases
  • 908593 Ontario Limited v. Atradius,
    • Canada
    • Court of Appeal (Ontario)
    • March 6, 2023
    ...palpable and overriding error standard of review applies: Ledcor, at para. 21; Hemlow Estate v. Co-operators General Insurance Company, 2021 ONCA 908, 160 O.R. (3d) 467, at paras. 13-14, leave to appeal to S.C.C. refused, [2022] S.C.C.A. No. 51. The appellant has failed to demonstrate that ......
  • Construction Distribution & Supply Company Inc. v Continental Casualty Company (CNA Insurance),
    • Canada
    • Court of Appeal (Ontario)
    • May 22, 2024
    ...Co. v. 686234 Ontario Ltd., 62 O.R. (3d) 447, (C.A.) and Hemlow Estate v. Co-operators General Insurance Company, 2021 ONSC 664, aff'd 2021 ONCA 908, 160 O.R. (3d) 467. This is not a case like ING Insurance Company of Canada v. Miracle, 2011 ONCA 321, 105 O.R. (3d) 241, in which the respond......
  • 2024 ONCA 405,
    • Canada
    • January 1, 2024
    ...Co. v. 686234 Ontario Ltd., 62 O.R. (3d) 447, (C.A.) and Hemlow Estate v. Co-operators General Insurance Company, 2021 ONSC 664, aff'd 2021 ONCA 908, 160 O.R. (3d) 467. This is not a case like ING Insurance Company of Canada v. Miracle, 2011 ONCA 321, 105 O.R. (3d) 241, in which the respond......
  • 908593 Ontario Ltd v Atradius,
    • Canada
    • Court of Appeal (Ontario)
    • March 6, 2023
    ...palpable and overriding error standard of review applies: Ledcor, at para. 21; Hemlow Estate v. Co-operators General Insurance Company, 2021 ONCA 908, 160 O.R. (3d) 467, at paras. 13-14, leave to appeal to S.C.C. refused, [2022] S.C.C.A. No. 51. The appellant has failed to demonstrate that ......
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7 firm's commentaries
  • Court Of Appeal Summaries (March 6 ' 10, 2023)
    • Canada
    • Mondaq Canada
    • March 20, 2023
    ...37, [2016] 2 S.C.R. 23, Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53, Hemlow Estate v. Co-operators General Insurance Company, 2021 ONCA 908, Apps v. Grouse Mountain Resorts Ltd., 2020 BCCA 78, Crosby (Estate) v. Native Fishing Assoc., 2001 BCCA 118, Chilton v. Co-Operators Gener......
  • Court Of Appeal Summaries (December 20-24, 2021)
    • Canada
    • Mondaq Canada
    • December 30, 2021
    ...Shelanu Inc. v. Print Three Franchising Corp.(2003), 64 O.R. (3d) 533 (C.A.) Hemlow Estate v. Co-operator General Insurance Company, 2021 ONCA 908 Keywords: Contracts, Interpretation, Insurance, Commercial General Liability, Coverage, Duty to defend, Sattva Capital Corp. v. Creston Moly Cor......
  • Court Of Appeal Summaries (December 20-24, 2021)
    • Canada
    • Mondaq Canada
    • December 30, 2021
    ...Shelanu Inc. v. Print Three Franchising Corp.(2003), 64 O.R. (3d) 533 (C.A.) Hemlow Estate v. Co-operator General Insurance Company, 2021 ONCA 908 Keywords: Contracts, Interpretation, Insurance, Commercial General Liability, Coverage, Duty to defend, Sattva Capital Corp. v. Creston Moly Cor......
  • Duty To Defend Triggered: Ambiguous Pollution Exclusion Clause
    • Canada
    • Mondaq Canada
    • August 3, 2022
    ...and the insurer owed the insured a duty to defend. The Underlying Action In Hemlow Estate v Co-operators General Insurance Company, 2021 ONCA 908 [Hemlow] the insured, Mr. Hemlow, was a sole proprietor whose business focused on the sampling and analysis of oil and other mechanical lubricant......
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