What constitutes a breach of the duty to cooperate?

A breach of the duty to cooperate is different than, for example, a breach of statutory condition 6 (1)(c), which requires an insured to provide its insurer with a statutory declaration within 90 days of the date of the loss. Determining whether the latter condition has been complied with is relatively straightforward: either the statutory declaration was delivered on time or it was not. A consideration of an allegation of non-cooperation, by contrast, requires a qualitative analysis of the insured’s conduct to determine whether it amounts to substantial non-cooperation. The court will necessarily conduct a review of all of the circumstances of the case, with particular emphasis on the interaction between the insured and the insurer. Whether an insured has engaged in substantial non-cooperation is, “a pragmatic question to be determined in each case in the light of the particular facts and circumstances”: Reid v. Gore Mutual Insurance, [1980] O. J. No. 750 (H. Ct. J.), at para. 46.