Chart of Post-Fidler cases
The narrative review of these cases appears here. Case Details Mental Distress Punitive Rowe v Unum OSC December 2006 Unfair process led to denial of benefits; Amendment at trial…
Post Fidler Cases – Aggravated & Punitive Awards
The Right to be Wrong As noted in the Ontario decision, the incorrect denial of a claim will not necessarily lead to a finding of a breach of the duty…
Fidler
Fidler The 2007 Supreme Court of Canada decision of Fidler in June 2007 has become the leading case on the subject of mental distress damages, in this instance due…
Pre-Fidler Good Faith Case Law
Pre-Fidler Prior to Fidler the case law initially required an independently actionable wrong to assert a claim for incremental damages. Some decisions diverted from this requirement. The 1994 decision…
Duty of Good Faith
This section reviews the development of the law on the subject of the insurer’s duty of good faith prior to and following the Fidler decision referenced immediately below. The insurer’s…