Ontario – ONCA holds that insurer has no duty to defend claims based on breach of contract that were excluded from coverage in a professional errors and omissions policy.
Cases
ONTARIO - Where a judge holds a defendant in contempt of the court’s orders, judgment against the contemnors for the plaintiff’s claim, without allowing an opportunity to defend the action, is not an appropriate remedy, even where the contempt is flagrant and serious.
Ontario – Court stays OBCA oppression remedy proceeding in favour of mandatory arbitration clause but directs majority shareholder and the corporation to produce documents in the arbitration pursuant to s.6(1) of the Arbitration Act, 1991. Court also directs majority shareholder and corporation to pay the minority shareholder interim disbursements for the arbitration.
Ontario – Court refuses to stay a proceeding in favour of arbitration when the case is a proper one for summary judgment and it would be unfair or impractical to refer the matter to arbitration – Arbitration Act, 1991, s.7(1)- (2).
Ontario – The standard of review to be applied by a judge hearing an appeal from an arbitration award is reasonableness unless a legal principle is readily extricable. ONCA declined to consider whether the “reasonableness” standard of review is overtaken by “correctness” standard in Vavilov because that was not an issue necessary to decide this appeal.
Ontario – Appeal under UNCITRAL Model Law from arbitrator’s jurisdiction ruling is a de novo hearing on which parties may submit new evidence as of right