MDS Inc. v. Factory Mutual Insurance Company,

JurisdictionOntario
JudgeWILSON
Citation2020 ONSC 1924
Docket NumberCV-10412884
CourtSuperior Court of Justice of Ontario (Canada)
Date30 March 2020

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex
43 practice notes
  • MDS Inc. v. Factory Mutual Insurance Company,
    • Canada
    • Court of Appeal (Ontario)
    • September 3, 2021
    ...On appeal from the judgment of Justice Janet Wilson of the Superior Court of Justice, dated September 9, 2020, with reasons reported at 2020 ONSC 1924 (damages) and 2020 ONSC 4464 (interest and Thorburn J.A.: OVERVIEW [1]           This appe......
  • The COVID-19 Pandemic and Insurance Coverage for Business Interruption in Canada.
    • Canada
    • Queen's Law Journal Vol. 46 No. 2, March 2021
    • March 22, 2021
    ...and Casualty Ins Co v Lillard-Roberts, 2002 WL 31495830 at 8-9 (Or Dist Ct 2002). (19.) See MDS Inc v Factory Mutual Insurance Company, 2020 ONSC 1924. (20.) See Matzner v Seaco Insurance Company, 1998 WL 566658 (Mass Super Ct 1998). (21.) See TRAVCO Insurance Company v Ward, 715 F Supp 2d ......
  • Sometimes "corrosion" Just Means "Corrosion": A Return To The Plain Meaning Of The Words Used
    • Canada
    • Mondaq Canada
    • November 10, 2021
    ...ONCA 594 Last year, we commented on the Ontario Superior Court's decision in MDS Inc. v Factory Mutual Insurance Company (FM Global), 2020 ONSC 1924, which held that the loss of use of premises without actual tangible damage could constitute physical damage under an all-risks property insur......
  • Sometimes "corrosion" Just Means "Corrosion": A Return To The Plain Meaning Of The Words Used
    • Canada
    • Mondaq Canada
    • November 10, 2021
    ...ONCA 594 Last year, we commented on the Ontario Superior Court's decision in MDS Inc. v Factory Mutual Insurance Company (FM Global), 2020 ONSC 1924, which held that the loss of use of premises without actual tangible damage could constitute physical damage under an all-risks property insur......
  • Get Started for Free
6 cases
  • MDS Inc. v. Factory Mutual Insurance Company,
    • Canada
    • Court of Appeal (Ontario)
    • September 3, 2021
    ...On appeal from the judgment of Justice Janet Wilson of the Superior Court of Justice, dated September 9, 2020, with reasons reported at 2020 ONSC 1924 (damages) and 2020 ONSC 4464 (interest and Thorburn J.A.: OVERVIEW [1]           This appe......
  • MDS Inc. v. Factory Mutual Insurance Company,
    • Canada
    • Court of Appeal (Ontario)
    • November 22, 2021
    ...On appeal from the judgment of Justice Janet Wilson of the Superior Court of Justice, dated September 9, 2020, with reasons reported at 2020 ONSC 1924 (damages) and 2020 ONSC 4464 (interest and COSTS ENDORSEMENT   [1]           This app......
  • Prosperity Electric v. Aviva Insurance Company Of Canada,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 7, 2020
    ...and value rendering it wholly useless for its intended purpose. [61] Mr. Sidhu refers to MDS Inc. v. Factory Mutual Insurance Company, 2020 ONSC 1924 as supporting a broad interpretation of “physical loss or damage”. In MDS, the insured’s supplier was shut down after a leak was discovered b......
  • Raki Holdings Inc. v. Lionheart Enterprises Inc.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 19, 2020
    ...of the case at bar. [23]           In MDS Inc. v. Factory Mutual Insurance Company, 2020 ONSC 1924, J. Wilson J. considered the comments of Major J. in Bank of America Canada and noted at paragraph 692, “This case involves two success......
  • Get Started for Free
36 firm's commentaries
  • Sometimes "corrosion" Just Means "Corrosion": A Return To The Plain Meaning Of The Words Used
    • Canada
    • Mondaq Canada
    • November 10, 2021
    ...ONCA 594 Last year, we commented on the Ontario Superior Court's decision in MDS Inc. v Factory Mutual Insurance Company (FM Global), 2020 ONSC 1924, which held that the loss of use of premises without actual tangible damage could constitute physical damage under an all-risks property insur......
  • Sometimes "corrosion" Just Means "Corrosion": A Return To The Plain Meaning Of The Words Used
    • Canada
    • Mondaq Canada
    • November 10, 2021
    ...ONCA 594 Last year, we commented on the Ontario Superior Court's decision in MDS Inc. v Factory Mutual Insurance Company (FM Global), 2020 ONSC 1924, which held that the loss of use of premises without actual tangible damage could constitute physical damage under an all-risks property insur......
  • All Perils Policies: Is COVID-19 An Insured Peril?
    • Canada
    • Mondaq Canada
    • May 12, 2020
    ...v. Strathcona General Insurance Co., 1984 CarswellBC 796. 3. United Technologies Corp. v. American Home Assurance Co., 989 F.Supp. 128 4. 2020 ONSC 1924. 5. Jessy's Pizza v. Economic Mutual Insurance Co, 2008 NSSM 38. 6. Western Fire Insurance Co. v. First Presbyterian Church, 165 Colo. 34,......
  • Summer 2021 Newsletter - Recent Developments In Property Leasing Part 1
    • Canada
    • Mondaq Canada
    • October 2, 2021
    ...where there is no "physical" damage (or loss). However, the recent case of MDS Inc. v. Factory Mutual Insurance Company (FM Global), 2020 ONSC 1924, ("MDS") may have opened the door to the possibility of this coverage for COVID-19 business interruption MDS purchased radioisotopes from Atomi......
  • Get Started for Free
1 books & journal articles
  • The COVID-19 Pandemic and Insurance Coverage for Business Interruption in Canada.
    • Canada
    • Queen's Law Journal Vol. 46 No. 2, March 2021
    • March 22, 2021
    ...and Casualty Ins Co v Lillard-Roberts, 2002 WL 31495830 at 8-9 (Or Dist Ct 2002). (19.) See MDS Inc v Factory Mutual Insurance Company, 2020 ONSC 1924. (20.) See Matzner v Seaco Insurance Company, 1998 WL 566658 (Mass Super Ct 1998). (21.) See TRAVCO Insurance Company v Ward, 715 F Supp 2d ......