In the just released decision of the Ontario Court of Appeal in Zurich Insurance Co. v. Ison T.H. Auto Sales Inc., the Court reaffirmed the long established principle that the Insured is in control of the litigation until he or she has been fully indemnified for both the insured and uninsured losses.
The Inco case is an environmental class action by 7,000 surrounding property owners against Inco that went to trial in 2010. The main claim in the lawsuit was that property values in the Port Colborne area had been adversely affected over many years as a result of particle emissions from the operation of Inco's nickel refinery. Inco lost at trial and had a $36 million judgment awarded against it. Inco appealed.
In Ontario for many years the practice has been that defendants need not deliver a statement of defence until after the action has been certified as a class proceeding.
Presented at our Insurance Law Update 2007, on Wednesday June 6, 2007, at the Ontario Bar Association Conference Centre.
Presented at our Fall Insurance Law Update at the Toronto Marriott Hotel, May 28, 2002.
Presented at the Insight Conference - Environmental Law 2001 on September 20, 2001.
Presented by Robert at our Fall Insurance Law Update on October 19, 2000.
Presented at the Risk Management Counsel of Canada seminar on Emerging Trends in Canadian Insurance Law held on April 27, 2000.