Knowledge Centre

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Bill C-45 – The Cannabis Act: What Insurers Need to Know to Avoid Getting Caught in the Weed

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:December 2017
AUTHOR: jennifer Therrien and Hamish Mills-McEwan
CATEGORIES:Articles, Knowledge Centre

The federal government’s Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (“the Cannabis Act”), has now passed its first reading in the Senate.[1] While the Cannabis Act is … Read more »

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Injury Suffered at a Car Engine Demonstration – Injury Covered by the Public Automobile Insurance Plan – Exceptions to the Public Plan Must be Interpreted in a Strict Manner

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

Wilson v. Bisson Gaudreau, 2017 QCCS 3522 The Commission scolaire de la région de Sherbrooke (“CSRS”) filed a motion for dismissal of the statement of claim by Eric Wilson (“Wilson”) by asserting that the bodily injury he suffered was caused by an … Read more »

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Clear and Unambiguous Language can lead to Denial of Coverage Under 30-Day Vacancy Exclusion

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

Taylor v Co-operators General Insurance Company, 2017 ABQB 705 Case Facts This matter arose from a fire that occurred on August 22, 2015. The property was a rental home and was occupied from August 2011, until July 13, 2015 (the “House”). … Read more »

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‘Much Ado About Nothing’: Three Reasons why the The Brick v. Chubb Decision does not add much to the Law of Cyber Insurance

FIRM:Blaney McMurty LLP
JURISDICTION:Ontario
DATE:December 2017
AUTHOR: Avi Sharabi
CATEGORIES:Articles, Knowledge Centre

By now, anyone who is remotely interested in insurance coverage for technology-related risks in Canada has probably heard or read about The Brick Warehouse LP v. Chubb Insurance Company of Canada, an Alberta decision involving social engineering fraud (a type of … Read more »

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The Exclusion for Intentional or Criminal Acts

FIRM:Cox & Palmer
JURISDICTION:New Brunswick
DATE:December 2017
AUTHOR: Deirdre L. Wade, QC
CATEGORIES:Articles, Knowledge Centre

Issues of the applicability of the intentional or criminal acts exclusion will arise in both the duty to defend context as well as with respect to the obligation to indemnify. As with any case that involves the interpretation of any … Read more »

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THE APPLICABLE PRESCRIPTION PERIOD FOR AN ACTION BROUGHT AGAINST A MUNICIPALITY BY A “INDIRECT” VICTIM

FIRM:Stein Monast
JURISDICTION:Quebec
DATE:December 2017
AUTHOR: Me Jessica Gauthier and Me Nicolas Moisan
CATEGORIES:Articles, Knowledge Centre

The Supreme Court of Canada has handed down an important decision in which it rules that the short six-month prescription period for an action brought against a Quebec municipality governed by the Cities and Towns Act1 does not apply to the family … Read more »

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A New Realm – Cyberspace, Cyber Liability and Cyber Liability Insurance

FIRM:Cox & Palmer
JURISDICTION:New Brunswick
DATE:November 2017
AUTHOR: Ryan Burgoyne and Veronica Medon
CATEGORIES:Articles, Knowledge Centre

For any business today, the reality of day-to-day functioning and management involves mass-communication, networking, marketing, and the organization of important confidential information on secured computer networks. Digitalization of information and communication is becoming second-nature due to the efficiency and simplicity … Read more »

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Liability Insurance Policy – Exclusion for Employees who are not Canadian Citizens

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

Aliments Pasta Romana Inc. v. Zurich, compagnie d’assurances, 2017 QCCA 701 Les Aliments Pasta Romana Inc. (“Pasta Romana”) appealed a decision rendered by the Superior Court dismissing an action in warranty instituted against Zurich compagnie d’assurances (“Zurich”). The Facts Pasta Romana was … Read more »

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Client Asked to Use Delivery Entrance with a Door Above Ground Level – Fall – Injury – Quantum

FIRM:Donati Maisonneuve
DATE:November 2017
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Gendron v. Équipements Yves Landry Inc., 2017 QCCQ 2563 Claude Gendron (“Gendron”) claimed $15,000 from Équipements Yves Landry Inc. (“Équipements”) for damages after falling in the company’s warehouse. The Facts On May 29, 2013, Gendron went to Équipements to make a purchase. … Read more »

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Case Law Highlights the Difficulties of Establishing Liability for Slip and Falls During Newfoundland and Labrador Winters

FIRM:Cox & Palmer
JURISDICTION:Newfoundland & Labrador
DATE:November 2017
AUTHOR: Jorge Segovia
CATEGORIES:Articles, Knowledge Centre

A Summary of Key Principles: The duty of an occupier is to take such care as in all of the circumstances is reasonable to ensure that lawful visitors are reasonably safe. The fact that a slip and fall occurs does … Read more »

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