Introduction
Legal arguments over the meaning of a single term may seem like little more than semantic squabbles to those unfamiliar with insurance law. However, small interpretative disputes are often at the center of high-value insurance claims. The analysis of these disputes frequently determines whether the case ends in a big payout, or with a justifiably denied claim. In Trillium Mutual Insurance Company v. Emond , [1] the Ontario Court of Appeal considered whether bylaws and regulations were encompassed within the term “law,” as it was used in a homeowner's insurance policy.
Underlying Facts
The Emonds lived in a home near the Ottawa River, in the catchment of the Mississippi Valley Conservation Authority (the “MVCA”). Their property was subject to the MVCA Regulation Policies that regulate development adjacent to rivers, lakes, shorelines, hazardous lands, and wetlands. A flood severely damaged the Emonds' home, which was deemed a total loss. [2]
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