Knowledge Centre

articles

Sharing the Blame: Joint and Several Liability

FIRM:CBM Lawyers
JURISDICTION:Alberta
DATE:August 2017
CATEGORIES:Articles, Knowledge Centre

A person may be injured by the shared act of two or more joint tortfeasors or by the independent acts of several, concurrent tortfeasors. Defendants in a civil suit can be held jointly and severally liable if their combined actions … Read more »

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Fire Losses and Investigations

FIRM:CBM Lawyers
JURISDICTION:Alberta
DATE:August 2017
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Unlike Automobile Policies, the contents of Homeowners Policies are not standardized. Policies often have different wording and, even where the differences are subtle, this can lead to very different outcomes. As a result, the interpretation of Homeowner’s policies is very … Read more »

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Court of Appeal expands the definition of prejudice to include non-litigation prejudice

FIRM:CBM Lawyers
JURISDICTION:Alberta
DATE:August 2017
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

This Court of Appeal decision arises from an unsuccessful application brought by the Defendants to strike an action due to delay. In this case, the Defendants were accused of liable for fraud and breaches of contract. Read more

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Ninth Circuit finds No Coverage under Crime Policy for Client Funds lost in Social Engineering Fraud

FIRM:Blaney McMurtry LLP
DATE:August 2017
AUTHOR: David Wilson
CATEGORIES:Articles, Knowledge Centre

On the March 9, 2017 decision of Taylor & Lieberman v. Federal Insurance Company,[1] the Ninth Circuit Court of Appeals affirmed a decision of the U.S. District Court for the Central District of California holding that a business management firm did … Read more »

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Compelling Attendance at an Examination Under Oath Requires Notice but not Reason

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:August 2017
AUTHOR: Mitch Kitagawa and Sasha Willms, Summer Student
CATEGORIES:Articles, Knowledge Centre

Aviva Insurance Company of Canada v McKeown, 2017 ONCA 563 – This case resulted from an appeal from Aviva Insurance Company of Canada (“Aviva”) regarding notice an insurer must provide to examine under oath (“examination) an applicant claiming benefits under the … Read more »

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The Court of Appeal finds Spilt Coffee at a Drive-Through is an Insurable Accident

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:August 2017
AUTHOR: Shawn O'Connor and Sasha Willms, Summer Student
CATEGORIES:Articles, Knowledge Centre

The Ontario Court of Appeal in Dittman v Aviva 2017 ONCA 617 upheld the default motion judgement from Justice R.D. Gordon who found that the respondent was impaired due to an accident as defined in the Statutory Accident Benefits Schedule (O. Reg 34/10, Effective … Read more »

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The concept of replacement cost in 2017

FIRM:Stein Monast
JURISDICTION:Quebec
DATE:July 2017
AUTHOR: Jessica Gauthier
CATEGORIES:Articles, Knowledge Centre

Although this seems to be a concept that is basically quite simple and well defined in the insurance industry, the courts of Quebec and Ontario have recently been called upon to rule on the concept of replacement cost. Accordingly, we … Read more »

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The apparent case law controversy over the question of the right to an insurance indemnity for theft where fraud is involved.

FIRM:Stein Monast
JURISDICTION:Quebec
DATE:July 2017
AUTHOR: Jessica Gauthier
CATEGORIES:Articles, Knowledge Centre

In the case of 6916643 Canada inc. c. Intact, compagnie d’assurances1 , in the context of an application for leave to appeal, the Court of Appeal made a pronouncement on the question of the right to an insurance indemnity for theft … Read more »

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Grocer Deemed to be Occupier of Sidewalk in Front of Store

FIRM:CBM Lawyers
JURISDICTION:Alberta
DATE:July 2017
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

This follows an appeal from a successful Summary Judgment Application in Master’s Chambers by the Defendant, Sobey’s.  The matter arises out of a trip and fall incident on a sidewalk in front of the Sobey’s store after a dog lunged … Read more »

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Chambre de la sécurité financière – Ethics – Analysis of Needs – Universal Life Insurance – Judicial Notice of the Disciplinary Board

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:July 2017
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Lelièvre v. Bonnici, [2017] QCCQ 5601 The Syndic of the Chambre de la sécurité financière (“The Syndic”) decided to appeal a decision made by the Disciplinary Board of the Chambre de la sécurité financière (“The Board”) rejecting the complaints filed against Pascale … Read more »

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