Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41474
Oscar Furtado v. Lloyd’s Underwriters
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-03-28 | Close file on Leave | |
| 2025-03-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-03-27 | Judgment on leave sent to the parties | |
| 2025-03-27 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number COA-23-CV-1203, 2024 ONCA 579, dated July 22, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2025-02-10 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-11-07 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-11-08, (Printed version filed on 2024-11-07) | Oscar Furtado |
| 2024-10-28 | Notice of name, (Letter Form), (Printed version filed on 2024-10-28) | Lloyd’s Underwriters |
| 2024-10-28 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-10-28) | Lloyd’s Underwriters |
| 2024-10-28 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-10-28, (Printed version filed on 2024-10-28) | Lloyd’s Underwriters |
| 2024-10-02 | Lower court order - e-filing, (Letter Form), Final order of the Court of Appeal for Ontario, (Printed version due on 2024-10-09) | Oscar Furtado |
| 2024-10-02 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2024-10-01 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-10-01) | Oscar Furtado |
| 2024-10-01 | Application for leave to appeal, (Book Form), Completed on: 2024-10-01, (Printed version filed on 2024-10-01) | Oscar Furtado |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Furtado, Oscar | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Lloyd’s Underwriters | Respondent | Active |
Counsel
Party: Furtado, Oscar
Counsel
David Ionis
401 Bay Street, Suite 3200
Toronto, Ontario
M5H 2Y4
Telephone: (416) 499-9940
FAX: (416) 689-2059
Email: gmcguire@agbllp.com
Agent
400 – 411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 288-0149
FAX: (613) 688-0271
Email: abarqawi@conwaylitigation.ca
Party: Lloyd’s Underwriters
Counsel
Paul C. Dawson
18th Floor - 609 Granville Street
Vancouver, British Columbia
V7Y 1G5
Telephone: (604) 689-3222
FAX: (604) 689-3777
Email: edolden@dolden.com
Agent
440 Laurier Ave. West
Suite 200
Ottawa, Ontario
K1R 7X6
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Summary
Keywords
Insurance – Relief from forfeiture – Directors and officers insurance – Claims-made and reported policy – Whether claims-made and reported insurance policies are categorically exempt from the equitable doctrine of relief from forfeiture.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The applicant insured, the directing mind of a business, was covered by a Directors and Officers Liability Policy issued by the respondent insurer. The policy was a claims-made and reported policy. The insured made a claim under the policy for, among other things, defence costs related to two ongoing proceedings commenced by the Ontario Securities Commission. The insurer denied coverage on the basis that the insured did not provide notice of the claim in accordance with the terms of the policy such that a condition precedent to coverage had not been met.
The insured brought an application in the Ontario Superior Court of Justice seeking relief from forfeiture. The court dismissed the application. The Ontario Court of Appeal unanimously dismissed the insured’s appeal.
Lower court rulings
Application for relief from forfeiture dismissed
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available