Monk v. Farmers’ Mutual Insurance Company, 2019 ONCA 616

JurisdictionOntario
JudgeDavid Brown J.A.,K. Feldman J.A.,B.W. Miller J.A.
Citation2019 ONCA 616
Docket NumberC64078
CourtCourt of Appeal (Ontario)
Date19 July 2019
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21 practice notes
  • COURT OF APPEAL SUMMARIES (February 19 – February 23)
    • Canada
    • LexBlog Canada
    • 3 Marzo 2024
    ...(3d) 161 (C.A.), Ontario v. St. Paul Fire and Marine Insurance Co., 2023 ONCA 173, Monk v. Farmers’ Mutual Insurance Company (Lindsay), 2019 ONCA 616, Kozel v. Personal Insurance Co., 2014 ONCA 130, Lloyd’s Underwriters v. Blue Mountain Log Sales Ltd., 2016 BCCA 352, GFL Infrastructure Grou......
  • Court Of Appeal Summaries (June 22 ' 26, 2020)
    • Canada
    • Mondaq Canada
    • 1 Julio 2020
    ...Wolfe v. Western General Mutual Insurance (2000), 21 C.C.L.I. (3d) 210 (Ont. S.C.), Monk v. Farmers' Mutual Insurance Company (Lindsay), 2019 ONCA 616, Kozel v. Personal Insurance Co., 2014 ONCA 130, Hamilton v. Open Window Bakery Ltd., 2004 SCC 9, Boucher v. Public Accountants Council for ......
  • Court Of Appeal Summaries (October 26 ' October 30, 2020)
    • Canada
    • Mondaq Canada
    • 4 Noviembre 2020
    ...5, Statutory Condition 8, Consolidated-Bathurst v. Mutual Boiler, [1980] 1 SCR 888, Monk v Farmers' Mutual Insurance Company (Lindsay), 2019 ONCA 616, Becker v Toronto (City), 2020 ONCA 60, Kaiman v Graham, 2009 ONCA 77, The Sovereign General Insurance Company v Walker, 2011 ONCA 597 Huang ......
  • Ontario Court Of Appeal Summaries (July 15 – 19, 2019)
    • Canada
    • Mondaq Canada
    • 26 Julio 2019
    ...that her findings of credibility impacted how she resolved most of the issues. In Monk v. Farmers' Mutual Insurance Company (Lindsay), 2019 ONCA 616, the major issue considered was the law pertaining to forfeiture and relief from forfeiture in the context of an insurance policy. The Court n......
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13 cases
  • MDS Inc. v. Factory Mutual Insurance Company,
    • Canada
    • Court of Appeal (Ontario)
    • 3 Septiembre 2021
    ...clauses should be interpreted broadly: Monk v. Farmers and Muskoka Ins., 2017 ONSC 3690, 70 C.C.L.I. (5th) 94, at para. 132, aff’d 2019 ONCA 616, 92 C.C.L.I. (5th) 84, leave to appeal to refused, [2019] S.C.C.A. No. 384. [86]       Canadian authorities, ......
  • Pinder Estate v. Farmers Mutual Insurance Company (Lindsay), 2020 ONCA 413
    • Canada
    • Court of Appeal (Ontario)
    • 25 Junio 2020
    ...or made a finding or drew an inference not reasonably supported by the evidence: Monk v. Farmers’ Mutual Insurance Company (Lindsay), 2019 ONCA 616, 92 B.L.R. (5th) 1, at para. 78, leave to appeal refused, [2019] S.C.C.A. No. 384. No such error has been demonstrated [118] Relief from forfei......
  • Loblaw Companies Limited v. Royal & Sun Alliance Insurance Company of Canada,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 19 Enero 2022
    ...exceptions that are irrelevant in this case. [116]     In Monk v. Farmers’ Mutual Insurance Company (Lindsay), 2019 ONCA 616 at para. 79 (“Monk”), the Court of Appeal for Ontario summarized as follows the principles regarding relief from forfeiture i......
  • CRD v. Aviva,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 11 Febrero 2021
    ...extent of the damage caused by the insured's breach. [19]   In Monk v. Farmers’ Mutual Insurance Company (Lindsay), 2019 ONCA 616 at para. 82 Justice Brown for the Court elaborated on the first factor in the tripartite relief from forfeiture 82  The reasonabl......
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6 firm's commentaries
  • Court Of Appeal Summaries (June 22 ' 26, 2020)
    • Canada
    • Mondaq Canada
    • 1 Julio 2020
    ...Wolfe v. Western General Mutual Insurance (2000), 21 C.C.L.I. (3d) 210 (Ont. S.C.), Monk v. Farmers' Mutual Insurance Company (Lindsay), 2019 ONCA 616, Kozel v. Personal Insurance Co., 2014 ONCA 130, Hamilton v. Open Window Bakery Ltd., 2004 SCC 9, Boucher v. Public Accountants Council for ......
  • Court Of Appeal Summaries (October 26 ' October 30, 2020)
    • Canada
    • Mondaq Canada
    • 4 Noviembre 2020
    ...5, Statutory Condition 8, Consolidated-Bathurst v. Mutual Boiler, [1980] 1 SCR 888, Monk v Farmers' Mutual Insurance Company (Lindsay), 2019 ONCA 616, Becker v Toronto (City), 2020 ONCA 60, Kaiman v Graham, 2009 ONCA 77, The Sovereign General Insurance Company v Walker, 2011 ONCA 597 Huang ......
  • Ontario Court Of Appeal Summaries (July 15 – 19, 2019)
    • Canada
    • Mondaq Canada
    • 26 Julio 2019
    ...that her findings of credibility impacted how she resolved most of the issues. In Monk v. Farmers' Mutual Insurance Company (Lindsay), 2019 ONCA 616, the major issue considered was the law pertaining to forfeiture and relief from forfeiture in the context of an insurance policy. The Court n......
  • Late Notice And Relief From Forfeiture
    • Canada
    • Mondaq Canada
    • 1 Mayo 2023
    ...its discretion, the decisions of Kozel v. Personal Insurance Co., 2014 ONCA 130 and Monk v. Farmers' Mutual Insurance Company (Lindsay), 2019 ONCA 616 hold that a court must consider three the conduct of the insured, the gravity of the breach, and the disparity between the value of the prop......
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