ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
VALE CANADA LIMITED (f/k/a INCO LIMITED, f/k/a INTERNATIONAL NICKEL COMPANY LIMITED), VALE JAPAN LIMITED, PT VALE INDONESIA TBK, AND VALE EUROPE LIMITED Plaintiffs
– and –
ROYAL & SUN ALLIANCE INSURANCE COMPANY OF CANADA (f/k/a ROYAL INSURANCE COMPANY OF CANADA), OMEGA GENERAL INSURANCE COMPANY (as successor to BRITISH NORTHWESTERN INSURANCE COMPANY), LLOYD'S UNDERWRITERS, CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON (listed in Schedule A), SOMPO JAPAN INSURANCE INC. (f/k/a THE NIPPON FIRE & MARINE INSURANCE COMPANY LIMITED), GENERAL REINSURANCE CORPORATION, THE NORTH RIVER INSURANCE COMPANY, ZURICH INSURANCE COMPANY LIMITED (UK BRANCH) (as successor to EAGLE STAR INSURANCE COMPANY LIMITED), RIVERSTONE INSURANCE (UK) LIMITED (as successor to MIDLAND ASSURANCE LIMITED), EMPLOYERS INSURANCE COMPANY OF WAUSAU (f/k/a EMPLOYERS INSURANCE COMPANY OF WAUSAU, A MUTUAL COMPANY), ALLSTATE INSURANCE COMPANY (f/k:/a NORTHBROOK EXCESS & SURPLUS INSURANCE COMPANY), FIREMAN'S FUND INSURANCE COMPANY, UNITED STATES FIRE INSURANCE COMPANY, and the JOHN DOE INSURANCE COMPANIES Defendants
CV-21-665931
AND BETWEEN
ROYAL & SUN ALLIANCE INSURANCE COMPANY OF CANADA Plaintiff
- and –
VALE CANADA LIMITED, AIU INSURANCE COMPANY, AIG COMMERCIAL INSURANCE COMPANY OF CANADA (as successor for American Home Assurance Company), AVIVA INSURANCE COMPANY OF CANADA (f/k/a CGU INTERNATIONAL INSURANCE PLC f/k/a COMMERCIAL UNION ASSURANCE COMPANY F/K/A EMLOYER’S LIABILITY ASSURANCE CORPORATION LIMITED, GRANITE STATE INSURANCE COMPANY, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, THE NORTH RIVER INSURANCE COMPANY, UNITED STATES FIRE INSURANCE COMPANY, EMPLOYERS INSURANCE COMPANY OF WAUSAU, FIREMAN'S FUND INSURANCE COMPANY, GENERAL REINSURANCE CORPORATION, INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON (listed in Schedule A), SOMPO JAPAN NIPPONKOA INSURANCE INC. (f/k/a THE NIPPON FIRE & MARINE INSURANCE COMPANY LIMITED, ALLSTATE NORTHBROOK INDEMNITY COMPANY (f/k/a NORTHBROOK INDEMNITY COMPANY,TRAVELERS CASUALTY & SURETY COMPANY, TRAVELERS INSURANCE COMPANY OF CANADA, ST. PAUL MERCURY INSURANCE COMPANY and JOHN DOE INSURANCE COMPANIES Defendants
Counsel:
Christopher Hubbard, Hovsep Afarian, Atrisha Lewis and Alexa Jarvis for the plaintiffs Vale Canada Limited (f/k/a Inco Limited, f/k/a International Nickel Company Limited, Vale Japan Limited, Pt Vale Indonesia Tbk, and Vale Europe Limited
Mark M. O’Donnell and Cameron L. Foster, for the Defendants Royal & Sun Alliance Insurance Company of Canada (F/K/A Royal Insurance Company of Canada
Joshua Henderson and Roderic McLauchlan, for the defendants Lloyd's Underwriters, and Certain Underwriters At Lloyds, London, the North River Insurance Company
Christopher J. Rae, David C. Rosenbaum, and Mahdi Hussein, for Employers Insurance Company of Wausau.
Tom Donnelly and Joyce Tam, for Fireman’s Fund Insurance Company
David Wilson and Anthony Gatensby, for the defendants Riverstone Insurance (UK) Limited (as successor to Midland Assurance Limited), Zurich Insurance Company Ltd. f/k/a Midland Assurance Ltd., Zurich Insurance Company Limited (UK Branch) (as successor to Eagle Star Insurance Company Limited)
Marc D. Isaacs and Arie Odinocki for the defendants Omega General Insurance Company (as successor to British Northwestern Insurance Company).
Mark M. O’Donnell and Cameron L. Foster, for the Plaintiff Royal & Sun Alliance Insurance Company of Canada
Douglas Stewart, Deepshikha Dutt, Rebecca Curcio, A. J. Freedman and Raphael Egan for Travelers Insurance Company of Canada, Travelers Casualty & Surety Company and St. Paul Mercury Insurance Company
Marcus B. Snowden, for AIG Commercial Insurance Company of Canada, as successor for American Home Assurance Company, Granite State Insurance Company, Insurance Company of the State of Pennsylvania, National Union Fire Insurance Company of Pittsburgh, Pa, The North River Insurance Company
Joshua Henderson, Roderic McLauchlan, and Max Ibrahim for The North River Insurance Company, Lloyd's Underwriters, and Certain Underwriters at Lloyds, London, United States Fire Insurance Company
Douglas O. Smith, Sarah Sweet, and Zoe Aranha for Allstate Insurance Company (f/k/a Northbrook Excess & Surplus Insurance Company) and General Reinsurance Corporation
Kim E. Stoll and Rui Fernandes, for Sompo Japan Nipponkoa Insurance Inc. (aka Sompo Japan Insurance Inc.), f/k/a Nippon F&M (The Nippon Fire & Marine Insurance Company Limited
READ: January 14, 2022
SUPPLEMENTAL REASONS FOR JUDGMENT
F.L. MYERS J.
[1] Counsel have pointed out an error in my reasons dated January 4, 2022 reported at 2022 ONSC 12.
[2] Para. 4 of the decision says:
[4] Ten of the 22 excess insurers sued by Vale Canada and RSA have attorned to the jurisdiction of this court. Nine of the 22 excess insurers submit that this court lacks jurisdiction over them in these actions. Alternatively, they ask the court to stay these actions based on the doctrine of forum non conveniens in favour of Traveler’s New York action. The remaining three. Lloyds, Firemans’ Fund, and General Re, concede this court’s jurisdiction over them, but join in the request for a stay of these actions in favour of the New York action.
[3] Lloyds should not have been listed as a party challenging the forum of the action. Nothing turns on correcting the precise math for the rest of the paragraph.
F.L. Myers J.
Released: January 14, 2022
ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
VALE CANADA LIMITED et al Plaintiffs
– and –
ROYAL & SUN ALLIANCE INSURANCE COMPANY OF CANADA et al Defendants
SUPPLEMENTAL REASONS FOR JUDGMENT
F.L. Myers J.
Released: January 14, 2022