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Markham (City) v. AIG Insurance Company of Canada, 2020 ONCA 239

Judgment Cited authorities 17 Cited in 23 Precedent Map Related
Vincent
JurisdictionOntario
JudgeDoherty, Brown and Thorburn JJ.A.
Citation2020 ONCA 239
Date31 March 2020
CourtCourt of Appeal (Ontario)
Docket NumberC67455
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18 practice notes
  • Court Of Appeal Summaries (March 15 ' 19, 2021)
    • Canada
    • Mondaq Canada
    • March 22, 2021
    ...ONCA 298, Brockton (Municipality) v. Frank Cowan Co., 57 O.R. (3d) 447 (Ont. C.A.), Markham (City) v. AIG Insurance Company of Canada, 2020 ONCA 239, 445 D.L.R. (4th) 405, Wal-Mart Canada Corp. v. Intact Insurance Co., 2016 ONSC 4971, Brookfield Johnson Controls Canada LP v. Continental Cas......
  • Court Of Appeal Summaries (March 30 – April 3, 2020)
    • Canada
    • Mondaq Canada
    • April 15, 2020
    ...Buttarazzi (2009), 84 RFL (6th) 240 (Ont SC), Chiaramonte v Chiaramonte, 2013 ONCA 641 Markham (City) v AIG Insurance Company of Canada, 2020 ONCA 239 Keywords: Contracts, Insurance, Coverage, Primary Insurance, Excess Insurance, Duty to Defend, Carriage of Defence, Defence Costs, Family In......
  • Family and Children’s Services of Lanark, Leeds and Grenville v. Co-operators General Insurance Company,
    • Canada
    • Court of Appeal (Ontario)
    • March 15, 2021
    ...management of documents and the litigation, similar to that ordered by this court in Markham (City) v. AIG Insurance Company of Canada, 2020 ONCA 239, 445 D.L.R. (4th) 405, leave to appeal refused, [2020] S.C.C.A. No. [107] The establishment of such a protocol reflects the balance between t......
  • Beaulieu et al v Macumber et al,
    • Canada
    • Court of Appeal (Manitoba)
    • November 27, 2020
    ...can satisfactorily co-exist. (Also see Hoang at para 14; Whirlpool at para 78; and Markham (City) v AIG Insurance Company of Canada, 2020 ONCA 239 at para [30]                      The c......
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7 cases
  • Family and Children’s Services of Lanark, Leeds and Grenville v. Co-operators General Insurance Company,
    • Canada
    • Court of Appeal (Ontario)
    • March 15, 2021
    ...management of documents and the litigation, similar to that ordered by this court in Markham (City) v. AIG Insurance Company of Canada, 2020 ONCA 239, 445 D.L.R. (4th) 405, leave to appeal refused, [2020] S.C.C.A. No. [107] The establishment of such a protocol reflects the balance between t......
  • Beaulieu et al v Macumber et al,
    • Canada
    • Court of Appeal (Manitoba)
    • November 27, 2020
    ...can satisfactorily co-exist. (Also see Hoang at para 14; Whirlpool at para 78; and Markham (City) v AIG Insurance Company of Canada, 2020 ONCA 239 at para [30]                      The c......
  • Loblaw Companies Limited v. Royal & Sun Alliance Insurance Company of Canada,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • January 19, 2022
    ...instrument to determine the liability of each insurer is the contract itself: see Markham (City) v. AIG Insurance Company of Canada, 2020 ONCA 239 at para. 44; leave to appeal refused: [2020] S.C.C.A. No. 170 [34]        The Supreme Court of Canada has out......
  • Wawanesa Mutual Insurance Company v. Insurance Corporation of British Columbia,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • April 1, 2021
    ...claims advanced. They say both ICBC and Wawanesa have a concurrent duty to defend, citing to Markham v. AIG Insurance Company of Canada, 2020 ONCA 239. The OLA related allegations in the NOCC could stand alone and beyond Mr. Upton’s “use or operation” of the Bel Ai......
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11 firm's commentaries
  • Court Of Appeal Summaries (March 15 ' 19, 2021)
    • Canada
    • Mondaq Canada
    • March 22, 2021
    ...ONCA 298, Brockton (Municipality) v. Frank Cowan Co., 57 O.R. (3d) 447 (Ont. C.A.), Markham (City) v. AIG Insurance Company of Canada, 2020 ONCA 239, 445 D.L.R. (4th) 405, Wal-Mart Canada Corp. v. Intact Insurance Co., 2016 ONSC 4971, Brookfield Johnson Controls Canada LP v. Continental Cas......
  • Court Of Appeal Summaries (March 30 – April 3, 2020)
    • Canada
    • Mondaq Canada
    • April 15, 2020
    ...Buttarazzi (2009), 84 RFL (6th) 240 (Ont SC), Chiaramonte v Chiaramonte, 2013 ONCA 641 Markham (City) v AIG Insurance Company of Canada, 2020 ONCA 239 Keywords: Contracts, Insurance, Coverage, Primary Insurance, Excess Insurance, Duty to Defend, Carriage of Defence, Defence Costs, Family In......
  • Concurrent Duty To Defend And Control Of The Defence
    • Canada
    • Mondaq Canada
    • April 8, 2020
    ...Ontario Court of Appeal released an important insurance coverage decision today in Markham (City) v. AIG Insurance Company of Canada, 2020 ONCA 239. The decision addresses a common situation where an insured has its own insurance policy and is also an additional insured on another policy. I......
  • 2 Insurance Policies, 1 Insured: Who Defends The Action, Who Pays The Costs Of The Defence, And Who Controls The Defence?
    • Canada
    • Mondaq Canada
    • December 9, 2020
    ...the decision of the Ontario Court of Appeal stands. Read the full decision. Footnotes Markham (City) v. AIG Insurance Company of Canada, 2020 ONCA 239. Corporation of the City of Markham, et al. v. Insurance Company of Canada, 2020 CanLII 94500 (SCC). The content of this article is intended......
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