Nodel v. Stewart Title Guaranty Company,

JurisdictionOntario
JudgeEpstein, Paciocco and Nordheimer JJ.A
Citation2018 ONCA 341
Docket NumberC63468
CourtCourt of Appeal (Ontario)
Date09 April 2018
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7 practice notes
  • Sir Corp. v. Aviva,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 20 December 2022
    ...might hold”: Surespan Structures Ltd. v. Lloyds Underwriters, 2021 BCCA 65, at para. 94; Nodel v. Stewart Title Guaranty Company, 2018 ONCA 341, 140 O.R. (3d) 401, at para. 18; Sattva, at paras. 59–61; Family Insurance Corp. v. Lombard Canada Ltd., 2002 SCC 48, 212 D.L.R. (4th......
  • Surespan Structures Ltd. v. Lloyds Underwriters,
    • Canada
    • Court of Appeal (British Columbia)
    • 12 February 2021
    ...the “concerns” that an insurer alone might hold. This latter form of evidence is not admissible: Nodel v. Stewart Title Guaranty Company, 2018 ONCA 341 at para. 18; Sattva at paras. 59–61; Family Insurance Corp. v. Lombard Canada Ltd., 2002 SCC 48 at para. [95] In this case, the affidavit o......
  • Paramount Resources Ltd v Chubb Insurance Company of Canada,
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • 8 November 2023
    ...Ltd v Talisman Energy Inc, 2013 ABCA 40 at para 35) and regulatory regime ( Nexxtep at para 33; Nodel v Stewart Title Guaranty Company, 2018 ONCA 341 at para 55 - 124 While the surrounding circumstances are relied upon in the interpretive process, “courts cannot use them to deviate f......
  • Serbinski v. FCT Insurance Company Ltd.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 22 May 2018
    ...policies are not in dispute. They are summarized at paras. 43-46 of Nodel v. Stewart Title Guaranty Company, 2017 ONSC 890, aff’d, 2018 ONCA 341. The Policy [17] The Policy provides that, subject to its exclusions, exceptions, conditions and stipulations, FCT has insured against “loss or da......
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6 cases
  • Sir Corp. v. Aviva,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 20 December 2022
    ...might hold”: Surespan Structures Ltd. v. Lloyds Underwriters, 2021 BCCA 65, at para. 94; Nodel v. Stewart Title Guaranty Company, 2018 ONCA 341, 140 O.R. (3d) 401, at para. 18; Sattva, at paras. 59–61; Family Insurance Corp. v. Lombard Canada Ltd., 2002 SCC 48, 212 D.L.R. (4th......
  • Surespan Structures Ltd. v. Lloyds Underwriters,
    • Canada
    • Court of Appeal (British Columbia)
    • 12 February 2021
    ...the “concerns” that an insurer alone might hold. This latter form of evidence is not admissible: Nodel v. Stewart Title Guaranty Company, 2018 ONCA 341 at para. 18; Sattva at paras. 59–61; Family Insurance Corp. v. Lombard Canada Ltd., 2002 SCC 48 at para. [95] In this case, the affidavit o......
  • Paramount Resources Ltd v Chubb Insurance Company of Canada,
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • 8 November 2023
    ...Ltd v Talisman Energy Inc, 2013 ABCA 40 at para 35) and regulatory regime ( Nexxtep at para 33; Nodel v Stewart Title Guaranty Company, 2018 ONCA 341 at para 55 - 124 While the surrounding circumstances are relied upon in the interpretive process, “courts cannot use them to deviate f......
  • Serbinski v. FCT Insurance Company Ltd.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 22 May 2018
    ...policies are not in dispute. They are summarized at paras. 43-46 of Nodel v. Stewart Title Guaranty Company, 2017 ONSC 890, aff’d, 2018 ONCA 341. The Policy [17] The Policy provides that, subject to its exclusions, exceptions, conditions and stipulations, FCT has insured against “loss or da......
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1 firm's commentaries
  • Top 5 Civil Appeals From The Court Of Appeal – May 2018
    • Canada
    • Mondaq Canada
    • 29 May 2018
    ...v. Stewart Title Guaranty Company, 2018 ONCA 341 (Epstein, Paciocco and Nordheimer JJ.A), April 9, In this case, a title insurer sought to avoid coverage for a mortgage fraud on the basis of a provision that excluded coverage for funds paid to any person other than the registered title hold......