Intact Insurance Company v. Federated Insurance Company of Canada, 2017 ONCA 73

JurisdictionOntario
JudgeDoherty, MacPherson and Lauwers JJ.A.
Citation2017 ONCA 73
CourtCourt of Appeal (Ontario)
Date27 January 2017
Docket NumberM46124, C62225
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12 practice notes
  • Ontario Court Of Appeal Summaries (March 11-15, 2019)
    • Canada
    • Mondaq Canada
    • March 28, 2019
    ...Hodgkinson v Simms, [1994] 3 SCR 377, R v G(A) (2004), 190 CCC (3d) 508 (Ont CA), Intact Insurance Co v Federated Insurance Co of Canada, 2017 ONCA 73, Can Aero v O'Malley, [1974] SCR 592, Dunsmuir v Royal Group, 2017 ONSC 4391, aff'd 2018 ONCA 773, Galambos v Perez, 2009 SCC 48, Toronto (C......
  • Elsner v. British Columbia (Police Complaint Commissioner), 2018 BCCA 147
    • Canada
    • Court of Appeal (British Columbia)
    • April 19, 2018
    ...but fairness is not among them. [At paras. 34–6; emphasis added.] (See also Intact Insurance Co. v. Federation Insurance Co. of Canada 2017 ONCA 73 at paras. 28–30; and Bajwa v. Veterinary Medical Association (British Columbia) 2011 BCCA 265 at paras. 32–40.) [89] Last, I note Penner v. Nia......
  • D.S. v. Quesnelle, 2019 ONSC 3230
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • August 14, 2019
    ...of the intentional torts causing the damages the Plaintiff claims. See Intact Insurance Company v. Federated Insurance Company of Canada, 2017 ONCA 73 at para. 18 and s. 22.1 of the Evidence Act, RSO 1990 c. [7] Based on those authorities, I am satisfied that the findings of fact in R. v. Q......
  • Defence & Indemnity - February 2017: IV. PRACTICE ISSUES A.
    • Canada
    • JD Supra Canada
    • March 13, 2017
    ...doctrine of abuse of process does not preclude re-litigation of the issue of whether or not an individual was insured in a priority dispute between insurers in the face of that individual’s having been convicted of driving without insurance. Intact Insurance Company v. Federated Insurance Company......
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8 cases
  • Elsner v. British Columbia (Police Complaint Commissioner), 2018 BCCA 147
    • Canada
    • Court of Appeal (British Columbia)
    • April 19, 2018
    ...but fairness is not among them. [At paras. 34–6; emphasis added.] (See also Intact Insurance Co. v. Federation Insurance Co. of Canada 2017 ONCA 73 at paras. 28–30; and Bajwa v. Veterinary Medical Association (British Columbia) 2011 BCCA 265 at paras. 32–40.) [89] Last, I note Penner v. Nia......
  • D.S. v. Quesnelle, 2019 ONSC 3230
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • August 14, 2019
    ...of the intentional torts causing the damages the Plaintiff claims. See Intact Insurance Company v. Federated Insurance Company of Canada, 2017 ONCA 73 at para. 18 and s. 22.1 of the Evidence Act, RSO 1990 c. [7] Based on those authorities, I am satisfied that the findings of fact in R. v. Q......
  • Winter v. Sherman Estate, 2018 ONCA 703
    • Canada
    • Court of Appeal (Ontario)
    • August 29, 2018
    ...process applies to prevent re-litigation of previously decided facts: Intact Insurance Company v. Federated Insurance Company of Canada, 2017 ONCA 73, 134 O.R. (3d) 241, at para. 28, leave to appeal refused, [2017] S.C.C.A. No. 98; R. v. Mahalingan, 2008 SCC 63, [2008] 3 S.C.R. 316, at para......
  • The Dominion of Canada General Insurance Company v. State Farm Mutual Automobile Insurance Company, 2018 ONCA 101
    • Canada
    • Court of Appeal (Ontario)
    • February 2, 2018
    ...distinction was recently illustrated in the following two cases.[49] Intact Insurance Company v. Federated Insurance Company of Canada, 2017 ONCA 73, 134 O.R. (3d) 241, leave to appeal refused, [2017] S.C.C.A. No. 98, involved an appeal from an insurance arbitrator’s decision. This court co......
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4 firm's commentaries
  • Ontario Court Of Appeal Summaries (March 11-15, 2019)
    • Canada
    • Mondaq Canada
    • March 28, 2019
    ...Hodgkinson v Simms, [1994] 3 SCR 377, R v G(A) (2004), 190 CCC (3d) 508 (Ont CA), Intact Insurance Co v Federated Insurance Co of Canada, 2017 ONCA 73, Can Aero v O'Malley, [1974] SCR 592, Dunsmuir v Royal Group, 2017 ONSC 4391, aff'd 2018 ONCA 773, Galambos v Perez, 2009 SCC 48, Toronto (C......
  • Defence & Indemnity - February 2017: IV. PRACTICE ISSUES A.
    • Canada
    • JD Supra Canada
    • March 13, 2017
    ...doctrine of abuse of process does not preclude re-litigation of the issue of whether or not an individual was insured in a priority dispute between insurers in the face of that individual’s having been convicted of driving without insurance. Intact Insurance Company v. Federated Insurance Company......
  • Defence & Indemnity - February 2017
    • Canada
    • Mondaq Canada
    • March 6, 2017
    ...the face of that individual's having been convicted of driving without insurance. Intact Insurance Company v. Federated Insurance Company, 2017 ONCA 73, per Doherty, J.A. Read More In an action by homeowners against a chimney sweep, it was held that deficiencies in the plaintiffs' expert In......
  • Court Of Appeal Summaries (January 23 – January 27, 2017)
    • Canada
    • Mondaq Canada
    • February 8, 2017
    ...any error in principle in exercising her discretion to award costs. Intact Insurance Company v. Federated Insurance Company of Canada, 2017 ONCA 73 [Doherty, MacPherson and Lauwers G. Bailey and B. Shores, for the appellant J. Lin and D. Yoon, for the respondent Keywords: Insurance Law, Pol......

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