2015 June 5

Virani v. Intact Insurance Co, 2015 ONCA 400

The Ontario Court of Appeal, allowing an appeal from the Ontario Superior Court, held that the defendant insurance company had a duty to defend the plaintiffs in a defamation action arising out of a video posted on the Internet. The policy provided coverage to “volunteer workers” or “employees” of the plaintiff student association “while performing duties related to the conduct of the [association’s] business.” The Court held that when the pleadings in their entirety were considered, including the pleadings in cross-claims and third party claims in addition to the statement of claim, “it may be reasonably inferred that there is at least the mere possibility that the appellants were employed by [the association] and acting in the course of their employment when they made and posted the video on the internet.“