MDS Inc. v. Factory Mutual Insurance Company
| Jurisdiction | Ontario |
| Court | Court of Appeal (Ontario) |
| Judge | Feldman, Harvison Young and Thorburn JJ.A. |
| Neutral Citation | 2021 ONCA 594 |
| Citation | 2021 ONCA 594 |
| Docket Number | C68300 |
| Date | 03 September 2021 |
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9 practice notes
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Court Of Appeal Summaries ( May 5 ' May 9, 2025)
...v. Open Window Bakery Ltd., 2004 SCC 9, Davies v. Clarington (Municipality), 2009 ONCA 722, MDS Inc. v. Factory Mutual Insurance Company, 2021 ONCA 594, leave to appeal refused, [2021] S.C.C.A. No. 382, Stellarbridge Management v. Magna International (2004), 71 O.R. (3d) 263 (C.A.), leave t......
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Kerk-Courtney v Security National Insurance Company (TD General Insurance Company)
...Ltd. v. Northbridge Indemnity Insurance Co., 2016 SCC 37, [2016] 2 S.C.R. 23, at para. 24; MDS Inc. v. Factory Mutual Insurance Company, 2021 ONCA 594, 465 D.L.R. (4th) 294, at paras. 14-17, ANALYSIS (1) The application judge correctly instructed himself on the legal test to determine an in......
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Puri Professional Corporation v Lloyd's Underwriters
...Kelly Panteluk Construction Ltd. v Lloyd's Underwriters, 2022 SKKB 227 at paras 14 and 17; MDS Inc. v Factory Mutual Insurance Co., 2021 ONCA 594 at para 33 I find that the Policy covers errors and omissions which occurred during the term of the policy. The Retroactive Date Exclusion clearl......
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Pye v Di Trapani
...to a trial judge's exercise of discretion under s. 130 of the Courts of Justice Act: see MDS Inc. v. Factory Mutual Insurance Company, 2021 ONCA 594, 465 D.L.R. (4th) 294, at paras. 99, 105, leave to appeal refused, [2021] S.C.C.A. No. 382; Stellarbridge Management v. Magna International (2......
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7 cases
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Kerk-Courtney v Security National Insurance Company (TD General Insurance Company)
...Ltd. v. Northbridge Indemnity Insurance Co., 2016 SCC 37, [2016] 2 S.C.R. 23, at para. 24; MDS Inc. v. Factory Mutual Insurance Company, 2021 ONCA 594, 465 D.L.R. (4th) 294, at paras. 14-17, ANALYSIS (1) The application judge correctly instructed himself on the legal test to determine an in......
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Puri Professional Corporation v Lloyd's Underwriters
...Kelly Panteluk Construction Ltd. v Lloyd's Underwriters, 2022 SKKB 227 at paras 14 and 17; MDS Inc. v Factory Mutual Insurance Co., 2021 ONCA 594 at para 33 I find that the Policy covers errors and omissions which occurred during the term of the policy. The Retroactive Date Exclusion clearl......
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Pye v Di Trapani
...to a trial judge's exercise of discretion under s. 130 of the Courts of Justice Act: see MDS Inc. v. Factory Mutual Insurance Company, 2021 ONCA 594, 465 D.L.R. (4th) 294, at paras. 99, 105, leave to appeal refused, [2021] S.C.C.A. No. 382; Stellarbridge Management v. Magna International (2......
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2264052 Ontario Inc. v HarbourEdge Realty Administration Corporation
...regard to all relevant circumstances: Henry v. Zaitlen, 2024 ONCA 614, at para. 29. 70 In MDS Inc. v. Factory Mutual Insurance Company, 2021 ONCA 594, at para. 105, the Court of Appeal saw no error in principle in the trial judge's exercise of her discretion to award prejudgment interest at......
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2 firm's commentaries
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Court Of Appeal Summaries ( May 5 ' May 9, 2025)
...v. Open Window Bakery Ltd., 2004 SCC 9, Davies v. Clarington (Municipality), 2009 ONCA 722, MDS Inc. v. Factory Mutual Insurance Company, 2021 ONCA 594, leave to appeal refused, [2021] S.C.C.A. No. 382, Stellarbridge Management v. Magna International (2004), 71 O.R. (3d) 263 (C.A.), leave t......
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The Wrong Kind Of Two For One? The South Capital Bridgebuilders Decision Questions The Legitimacy Of The Leg 3 Exclusion And What Constitutes "Damage" In Property Coverage
...SCC 37 ("Ledcor"), at paragraph 68 2 Ledcor, at paragraph 66 3 Ledcor, at paragraph 52 4 MDS Inc. v Factory Mutual Insurance Company, 2021 ONCA 594 paras. 5 D.P. Murphy at paras. 1 and 8. The content of this article is intended to provide a general guide to the subject matter. Specialist ad......