Kostic v CIBC Trust Corporation, 2018 ABCA 355

JudgeThe Honourable Mr. Justice Ronald Berger,The Honourable Mr. Justice Peter Martin,The Honourable Madam Justice Jo'Anne Strekaf
Citation2018 ABCA 355
Docket Number1701-0357-AC
CourtCourt of Appeal (Alberta)
Date30 October 2018
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7 practice notes
  • Kostic v CIBC Trust Corporation, 2019 ABCA 29
    • Canada
    • Court of Appeal (Alberta)
    • January 25, 2019
    ...on Appeal [1] This is an application by Liliana Kostic (Kostic) to reargue this court’s decision in Kostic v CIBC Trust Corporation, 2018 ABCA 355, which was an appeal from a decision by a case management judge. The appeal was part of broader litigation among the Piikani Nation, Kostic (the......
  • County of Vulcan v Genesis Reciprocal Insurance Exchange, 2020 ABQB 93
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • February 4, 2020
    ...determine if there is a possibility of the claims falling within the insurance coverage. [222] The same point is made in Kostic v CIBC, 2018 ABCA 355. Citing Progressive Homes v Lombard, the Court of Appeal stated at paragraph [19] A duty to defend is broader than a duty to indemnify. It ty......
  • Optrics Inc. v Lloyd's Underwriters, 2022 ABCA 26
    • Canada
    • Court of Appeal (Alberta)
    • January 27, 2022
    ...stage that can affect the issue of liability in the underlying action (i.e., in the US Action): Kostic v CIBC Trust Corporation, 2018 ABCA 355 at para 25, leave to appeal to SCC ref’d [2018] SCCA No 530, citing McLean v Jorgenson (2005), 78 OR (3d) 308 (CA) at para 5, 205 OAC 22......
  • Piikani Nation v Kostic,
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • March 14, 2024
    ...any period when she was employed by CIBC Wood Gundy. 17 That decision was appealed by both CIBC Trust and Ms. Kostic. In its decision at 2018 ABCA 355, the majority of the Court concluded that ACJ Rooke erred by finding that CIBC Trust was required to indemnify Ms. Kostic against the Nation......
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6 cases
  • Kostic v CIBC Trust Corporation, 2019 ABCA 29
    • Canada
    • Court of Appeal (Alberta)
    • January 25, 2019
    ...on Appeal [1] This is an application by Liliana Kostic (Kostic) to reargue this court’s decision in Kostic v CIBC Trust Corporation, 2018 ABCA 355, which was an appeal from a decision by a case management judge. The appeal was part of broader litigation among the Piikani Nation, Kostic (the......
  • County of Vulcan v Genesis Reciprocal Insurance Exchange, 2020 ABQB 93
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • February 4, 2020
    ...determine if there is a possibility of the claims falling within the insurance coverage. [222] The same point is made in Kostic v CIBC, 2018 ABCA 355. Citing Progressive Homes v Lombard, the Court of Appeal stated at paragraph [19] A duty to defend is broader than a duty to indemnify. It ty......
  • Optrics Inc. v Lloyd's Underwriters, 2022 ABCA 26
    • Canada
    • Court of Appeal (Alberta)
    • January 27, 2022
    ...stage that can affect the issue of liability in the underlying action (i.e., in the US Action): Kostic v CIBC Trust Corporation, 2018 ABCA 355 at para 25, leave to appeal to SCC ref’d [2018] SCCA No 530, citing McLean v Jorgenson (2005), 78 OR (3d) 308 (CA) at para 5, 205 OAC 22......
  • Piikani Nation v Kostic,
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • March 14, 2024
    ...any period when she was employed by CIBC Wood Gundy. 17 That decision was appealed by both CIBC Trust and Ms. Kostic. In its decision at 2018 ABCA 355, the majority of the Court concluded that ACJ Rooke erred by finding that CIBC Trust was required to indemnify Ms. Kostic against the Nation......
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1 firm's commentaries
  • Indemnification And The Duty To Defend In Commercial Agreements
    • Canada
    • Mondaq Canada
    • February 21, 2019
    ...for Ms. Kostic, she will have to wait until the conclusion of the 2006 Action to know if she will be indemnified. Footnotes Kostic 2018 ABCA 355 [Kostic]. Ibid at para 17. Kostic at para 23. Ibid at para 26. Ibid at para 31. * * Brownlee LLP is a member of the Canadian Litigation Counsel, a......

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