Pinder Estate v. Farmers Mutual Insurance Company (Lindsay), 2020 ONCA 413

JurisdictionOntario
Judgevan Rensburg, Benotto and Harvison Young JJ.A.
Citation2020 ONCA 413
Docket NumberC64857
CourtCourt of Appeal (Ontario)
Date25 June 2020
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8 practice notes
  • Court Of Appeal Summaries (April 18 - 22, 2022)
    • Canada
    • Mondaq Canada
    • April 26, 2022
    ...Ltd. v. Szijjarto (2006), 218 O.A.C. 315, Hobbs v. Hobbs, 2008 ONCA 598, Pinder Estate v. Farmers Mutual Insurance Company (Lindsay), 2020 ONCA 413, Georg v. Hassanali (1989), 18 R.F.L. (3d) 225 (Ont. S.C.), Andrews v. Andrews (1980), 32 O.R. (2d) 29 (C.A.) Ontario (Natural Resources and Fo......
  • Court Of Appeal Summaries (June 22 ' 26, 2020)
    • Canada
    • Mondaq Canada
    • July 1, 2020
    ...running, although that bill was irrelevant to the decision in this case. Pinder Estate v. Farmers Mutual Insurance Company (Lindsay), 2020 ONCA 413 [van Rensburg, Benotto and Harvison Young Earl A. Cherniak, Q.C. and Alfred M. Kwinter, for the appellants Martin P. Forget, for the respondent......
  • Render v. ThyssenKrupp Elevator (Canada) Limited,
    • Canada
    • Court of Appeal (Ontario)
    • April 20, 2022
    ...S.C.C.A. No. 92; Hobbs v. Hobbs, 2008 ONCA 598, 240 O.A.C. 202, at para. 32; Pinder Estate v. Farmers Mutual Insurance Company (Lindsay), 2020 ONCA 413, 3 C.C.L.I. (6th) 8, at para. [89]       I would allow the appeal with respect to the costs awarded below. In......
  • 2024 ONCA 676,
    • Canada
    • January 1, 2024
    ...with the Policy, and that they were not acting in bad faith. 65 In Pinder Estate v. Farmers Mutual Insurance Company (Lindsay), 2020 ONCA 413, 3 C.C.L.I. (6th) 8, at para. 122, this court affirmed that relief from forfeiture requires the consideration of three factors: 1) the reasonableness......
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5 cases
  • Render v. ThyssenKrupp Elevator (Canada) Limited,
    • Canada
    • Court of Appeal (Ontario)
    • April 20, 2022
    ...S.C.C.A. No. 92; Hobbs v. Hobbs, 2008 ONCA 598, 240 O.A.C. 202, at para. 32; Pinder Estate v. Farmers Mutual Insurance Company (Lindsay), 2020 ONCA 413, 3 C.C.L.I. (6th) 8, at para. [89]       I would allow the appeal with respect to the costs awarded below. In......
  • 2024 ONCA 676,
    • Canada
    • January 1, 2024
    ...with the Policy, and that they were not acting in bad faith. 65 In Pinder Estate v. Farmers Mutual Insurance Company (Lindsay), 2020 ONCA 413, 3 C.C.L.I. (6th) 8, at para. 122, this court affirmed that relief from forfeiture requires the consideration of three factors: 1) the reasonableness......
  • Kerk-Courtney v Security National Insurance Company (TD General Insurance Company),
    • Canada
    • Court of Appeal (Ontario)
    • September 12, 2024
    ...with the Policy, and that they were not acting in bad faith. 65 In Pinder Estate v. Farmers Mutual Insurance Company (Lindsay), 2020 ONCA 413, 3 C.C.L.I. (6th) 8, at para. 122, this court affirmed that relief from forfeiture requires the consideration of three factors: 1) the reasonableness......
  • Frenchie's Farm and Ranch Ltd v Peace Hills Insurance Company,
    • Canada
    • Court of Appeal (Manitoba)
    • January 28, 2022
    ...Fire Insurance Co (2006), 267 DLR (4th) 690 at paras 98-100 (Ont CA); and Pinder Estate v Farmers Mutual Insurance Company (Lindsay), 2020 ONCA 413 at para 91).  Further, he noted that, where an insured makes an intentionally false declaration, the claim is voided in its entirety (see ......
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4 firm's commentaries
  • Court Of Appeal Summaries (April 18 - 22, 2022)
    • Canada
    • Mondaq Canada
    • April 26, 2022
    ...Ltd. v. Szijjarto (2006), 218 O.A.C. 315, Hobbs v. Hobbs, 2008 ONCA 598, Pinder Estate v. Farmers Mutual Insurance Company (Lindsay), 2020 ONCA 413, Georg v. Hassanali (1989), 18 R.F.L. (3d) 225 (Ont. S.C.), Andrews v. Andrews (1980), 32 O.R. (2d) 29 (C.A.) Ontario (Natural Resources and Fo......
  • Court Of Appeal Summaries (June 22 ' 26, 2020)
    • Canada
    • Mondaq Canada
    • July 1, 2020
    ...running, although that bill was irrelevant to the decision in this case. Pinder Estate v. Farmers Mutual Insurance Company (Lindsay), 2020 ONCA 413 [van Rensburg, Benotto and Harvison Young Earl A. Cherniak, Q.C. and Alfred M. Kwinter, for the appellants Martin P. Forget, for the respondent......
  • The Latest In Insurance Bad Faith Claims
    • Canada
    • Mondaq Canada
    • November 10, 2020
    ...bad faith by the insurer; that portion of the claim was struck from the pleading. Pinder Estate v Farmers Mutual Insurance Company (2020 ONCA 413) "The failure of a plaintiff to prove a claim of punitive damages or breach of the duty of good faith against an insurer does not in itself justi......
  • Bad Faith Claims Against Insurers ' Recent Cases Of Note
    • Canada
    • Mondaq Canada
    • February 3, 2021
    ...to produce an internal estimation of its reserves in the face of a bad faith claim. Pinder Estate v. Farmers Mutual Insurance Company, 2020 ONCA 413 On June 25, 2020, the Ontario Court of Appeal affirmed a lower court decision dismissing the insured's action against the insurer for bad fait......