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CBA Insurance Law Section

CBA Insurance Law Section articles are published under the banner Underwritings. Members interested in posting articles are encouraged to send them to​


Options for defence counsel when dealing with the vexatious litigant

  • March 30, 2017
  • Christopher Martyr

I wrote this article with the hope of providing a road map for counsel who practise in and outside of the province of Ontario and are looking for a quick summary on how to deal with claims that they consider frivolous and vexatious and an abuse of process.

Insurance Law

Police access to accused statements to the insurer

  • July 14, 2016
  • Brian A. Vail, Q.C.

Across Canada, drivers who get into accidents for which they may be liable for injury, death or damage look to their insurers to defend them for such civil claims. Auto policies require them to cooperate with the insurer, which almost always involves providing a statement about the accident. In a recent fatality case, police attempted to access the accused’s statement to his insurance adjuster and use it against him in a prosecution.

Criminal Justice, Insurance Law

An insurer’s duty to defend

  • April 15, 2014
  • Albert Wallrap

When it comes to an insurer’s duty to defend, the legal landscape is far from well-mapped despite the Supreme Court trilogy which affirmed the longstanding “pleadings rule.”

Insurance Law