ARTICLE
24 February 2026

Insurance Legal Ledger: BLG's Business Insurance Newsletter (Winter 2026)

BL
Borden Ladner Gervais LLP

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BLG is a leading, national, full-service Canadian law firm focusing on business law, commercial litigation, and intellectual property solutions for our clients. BLG is one of the country’s largest law firms with more than 750 lawyers, intellectual property agents and other professionals in five cities across Canada.
BLG's insurance lawyers monitor key rulings on insurance claim, policy interpretation, and coverage disputes to provide clients with practical insights they can act on.
Canada Insurance
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BLG's insurance lawyers monitor key rulings on insurance claim, policy interpretation, and coverage disputes to provide clients with practical insights they can act on. Whether you're dealing with complex commercial policies or emerging risks, our newsletter helps you understand how significant court decisions and regulatory changes might affect your business insurance strategy.

Download our latest seasonal issue below or connect with our insurance law team to discuss how these developments impact your organization.

In this edition (Winter 2026)

AI liability in insurance brokerage (Canada)

Insurance brokers adopting AI face evolving liability questions requiring thorough vendor due diligence, human oversight policies, and ongoing education. While responsibility for biased AI outcomes remains legally unsettled, brokers remain accountable for AI outputs and must maintain professional standards, transparency with clients, and privacy compliance across jurisdictions.

Normandin v. La Source (Bell) Électronique inc. (Québec)

The Superior Court of Québec authorized a class action finding extended protection plans should be classified as insurance products subject to tax on insurance premiums, not GST/QST. Court dismissed other claims but confirmed misclassification carries regulatory and fiscal consequences, making proper product classification and tax compliance strategically critical for distributors and insurers.

Abiusi et al. v. Lawyers' Professional Indemnity Company (Manitoba)

Manitoba court dismissed a title insurer's attempt to simply remove non-compliant home improvements rather than repair them, despite clear policy language granting this discretion. Court prioritized reasonable commercial results and parties' expectations over literal contract terms, directing full repair costs up to policy limits instead.

Kennedy v. Crombie Developments Limited (Nova Scotia)

Nova Scotia court dismissed slip-and-fall action against property occupiers, confirming accessible parking spaces don't attract higher standard of care than regular spots. Under Occupier's Liability Act, reasonableness—not perfection—remains the standard for winter maintenance. Occupiers need only take reasonable steps to protect visitors from icy conditions.

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