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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18 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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SIR Corp. v. Aviva Insurance Company of Canada
...917, 133 O.R. (3d) 721, at para. 28, leave to appeal refused, [2017] S.C.C.A. No. 53; and MDS Inc. v. Factory Mutual Insurance Company, 2021 ONCA 594, at para. 78, leave to appeal refused, [2021] S.C.C.A. No. 382. This is an essential part of the first step in the three‑step interpretive [4......
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Spinks v. Lloyd's Underwriters
...917, 133 O.R. (3d) 721, at para. 28, leave to appeal refused, [2017] S.C.C.A. No. 53; and MDS Inc. v. Factory Mutual Insurance Company, 2021 ONCA 594, 465 D.L.R. (4th) 294, at para. 78, leave to appeal refused, [2021] S.C.C.A. No. [14] Ledcor, at para. 52 [15] Lloyd’s initially took the pos......
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Sir Corp. v. Aviva
...offers protection only for fortuitous contingent risk: Progressive Homes, at para. 45.” In MDS Inc. v. Factory Mutual Insurance Company, 2021 ONCA 594, 465 D.L.R. (4th) 294, at para. 73, Thorburn J.A. noted that “All-risk policies are, by their grant, limited to cover only fortuitous or una......
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14 cases
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SIR Corp. v. Aviva Insurance Company of Canada
...917, 133 O.R. (3d) 721, at para. 28, leave to appeal refused, [2017] S.C.C.A. No. 53; and MDS Inc. v. Factory Mutual Insurance Company, 2021 ONCA 594, at para. 78, leave to appeal refused, [2021] S.C.C.A. No. 382. This is an essential part of the first step in the three‑step interpretive [4......
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Spinks v. Lloyd's Underwriters
...917, 133 O.R. (3d) 721, at para. 28, leave to appeal refused, [2017] S.C.C.A. No. 53; and MDS Inc. v. Factory Mutual Insurance Company, 2021 ONCA 594, 465 D.L.R. (4th) 294, at para. 78, leave to appeal refused, [2021] S.C.C.A. No. [14] Ledcor, at para. 52 [15] Lloyd’s initially took the pos......
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Sir Corp. v. Aviva
...offers protection only for fortuitous contingent risk: Progressive Homes, at para. 45.” In MDS Inc. v. Factory Mutual Insurance Company, 2021 ONCA 594, 465 D.L.R. (4th) 294, at para. 73, Thorburn J.A. noted that “All-risk policies are, by their grant, limited to cover only fortuitous or una......
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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, 21. (1) The application judge correctly instructed himself on the legal test to determine an insurer......
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3 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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Loss Of Use As "Physical Damage"? Case Summary Of The Ontario Court Of Appeal Decision In MDS Inc. v. Factory Mutual Insurance Company
...Ontario Court of Appeal recently issued its decision in the much-discussed case of MDS Inc. v. Factory Mutual Insurance Company, 2021 ONCA 5941. The lower court decision from the Superior Court of Justice was of considerable interest to insureds advancing COVID-19 business interruption clai......
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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......
