Key Canadian Cases involving ATE insurance

  • May 22, 2019
  • Nick Robson, VP/General Counsel of The Judge

Almost as soon as ATE insurance was introduced into Canada, the courts started to examine it and how it could be used. The main topics examined to date:

  • Is ATE insurance a recoverable disbursement?
  • Whether the policy itself is discoverable? 
  • If ATE would satisfy Security for Costs?
  • Who has priority over the indemnity?
  • Is ATE insurance a professional obligation?