In this matter, we successfully brought an application to compel an insurer to provide a defence to a counterclaim in circumstances where prior counsel had failed to give notice of the counterclaim to the insurer for almost 3.5 years.  The issues on the application included the concepts of relief from forfeiture, waiver and prejudice in the context of an insurance policy as well as the application of the Insurance Act in that regard.  The decision is currently under appeal.