Monk v. Farmers’ Mutual Insurance Company

JurisdictionOntario
CourtCourt of Appeal (Ontario)
JudgeDavid Brown J.A.,K. Feldman J.A.,B.W. Miller J.A.
Citation2019 ONCA 616
Date19 July 2019
Docket NumberC64078

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
25 practice notes
  • Court Of Appeal Summaries (June 22 ' 26, 2020)
    • Canada
    • Mondaq Canada
    • July 1, 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
    • November 4, 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
    • July 26, 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......
  • MDS Inc. v. Factory Mutual Insurance Company
    • Canada
    • Court of Appeal (Ontario)
    • September 3, 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, including those that pertain to all-risk po......
  • Get Started for Free
14 cases
  • MDS Inc. v. Factory Mutual Insurance Company
    • Canada
    • Court of Appeal (Ontario)
    • September 3, 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)
    • Canada
    • Court of Appeal (Ontario)
    • June 25, 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)
    • January 19, 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)
    • February 11, 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......
  • Get Started for Free
7 firm's commentaries
  • Court Of Appeal Summaries (June 22 ' 26, 2020)
    • Canada
    • Mondaq Canada
    • July 1, 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
    • November 4, 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
    • July 26, 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......
  • Court Of Appeal For Ontario Clarifies Key Coverage Concepts Including Allocation Of Defence Costs, Control Of Defence And Split File Protocols
    • Canada
    • Mondaq Canada
    • March 14, 2024
    ...to appeal refused: [2020] SCCA No 170; and Carneiro v Durham (Regional Municipality), 2015 ONCA 909. 4. Loblaw Application at para 95. 5. 2019 ONCA 616 6. Loblaw Application at paras 116-125. 7. Loblaw Application at paras 174-198. 8. Loblaw Appeal at para 44. 9. Loblaw Appeal at paras 16-1......
  • Get Started for Free