MDS Inc. v. Factory Mutual Insurance Company,

JurisdictionOntario
JudgeFeldman, Harvison Young and Thorburn JJ.A.
Neutral Citation2021 ONCA 594
Citation2021 ONCA 594
Date03 September 2021
CourtCourt of Appeal (Ontario)
Docket NumberC68300

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11 practice notes
  • Court Of Appeal Summaries ( May 5 ' May 9, 2025)
    • Canada
    • Mondaq Canada
    • May 19, 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......
  • 2024 ONCA 676
    • Canada
    • January 1, 2024
    ...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......
  • Kerk-Courtney v Security National Insurance Company (TD General Insurance Company)
    • Canada
    • Court of Appeal (Ontario)
    • September 12, 2024
    ...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......
  • Puri Professional Corporation v Lloyd's Underwriters
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • December 16, 2024
    ...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......
  • Get Started for Free
9 cases
  • 2024 ONCA 676,
    • Canada
    • January 1, 2024
    ...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......
  • Kerk-Courtney v Security National Insurance Company (TD General Insurance Company),
    • Canada
    • Court of Appeal (Ontario)
    • September 12, 2024
    ...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......
  • Puri Professional Corporation v Lloyd's Underwriters,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • December 16, 2024
    ...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......
  • Pye v Di Trapani,
    • Canada
    • Court of Appeal (Ontario)
    • May 9, 2025
    ...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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