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Mitigating Risk: Adverse Cost Insurance and its Implications on the Canadian Judicial Landscape

FIRM:Lindsay LLP
JURISDICTION:British Columbia
DATE:November 2018
AUTHOR: Vanessa Gauthier and David Giroday (Articled Student)
CATEGORIES:Articles, Knowledge Centre

Introduction In litigation, there are no guarantees of success and failure can be prohibitively expensive for those involved in a legal proceeding.  Even the best cases are faced with uncertainty and risk when a dispute proceeds to trial and the … Read more »

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Under A Cloud: how Insurers can Respond to the upcoming Legalization of the Recreational Use of Cannabis in Canada

FIRM:Blaney McMurty LLP
JURISDICTION:Ontario
DATE:November 2018
AUTHOR: Anna Casemore
CATEGORIES:Articles, Knowledge Centre

Yes, it’s true. On 17 October 2018, Canada will become the first G7 country to legalize the recreational use of cannabis nationwide. That means that individuals will be able to buy, possess, consume, grow and share cannabis under the federal governance … Read more »

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Reasonable Foreseeability Cannot be Clouded by Hindsight

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:November 2018
AUTHOR: Shawn O'Connor and Kate Agyemang
CATEGORIES:Articles, Knowledge Centre

By overturning the Court of Appeal, the Supreme Court of Canada (SCC) in Rankin’s Garage & Sales v JJ, 2018 SCC 19 sent a strong reminder that the foreseeability of harm remains the critical limiting principle of the law of negligence.  In this … Read more »

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Vicariously Liability for Vehicle Owners if Possession Granted to the Driver

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:November 2018
AUTHOR: Shawn O'Connor and Sasha Willms
CATEGORIES:Articles, Knowledge Centre

In Leigh v Clement, 2018 ONSC 4508 [Leigh] Justice Cornell reviewed under what circumstances an owner of a vehicle can be vicariously liable for an accident involving their vehicle under s. 192(2) of the Highway Traffic Act. In this case the driver who struck … Read more »

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The Supreme Court interprets the “care, custody or control” clause

FIRM:Stein Monast
JURISDICTION:Quebec
DATE:November 2018
AUTHOR: Catherine Pilote-Coulombe
CATEGORIES:Articles, Knowledge Centre

On October 19, 2018, the Supreme Court handed down the highly anticipated decision in 3091-5177 Québec Inc. (Éconolodge Aéroport) v. Lombard General Insurance Company of Canada, 2018 SCC 43 (“Éconolodge”) overturning the judgment by the Court of Appeal concerning the application of the … Read more »

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Enforcing Judgments from other Jurisdictions in Ontario

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:October 2018
AUTHOR: Shaun Jaberolansar and Sasha Willms
CATEGORIES:Articles, Knowledge Centre

In our modern global economy where cross-border transactions are prevalent, Ontario courts have increasingly recognized other jurisdiction’s laws and decisions. Notwithstanding a greater recognition of foreign judgments, creditors continue to face legal and practical challenges in enforcing foreign judgements in … Read more »

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Oliveira: Canadian Courts Affirm Expansive Approach to Insurers’ Duty to Defend

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:October 2018
AUTHOR: Shawn O'Connor and Kate Agyemang
CATEGORIES:Articles, Knowledge Centre

In Oliveira v Aviva Canada Inc et al, 2017 ONSC 6161, the court reiterated the test for interpreting insurance provisions, and underscored the expansive approach that Canadian courts will take regarding an insurer’s duty to defend. This decision was affirmed by Ontario’s … Read more »

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Social Engineering Fraud: Is Coverage Available Under Commercial Crime Policies?

FIRM:Blaney McMurty LLP
JURISDICTION:Ontario
DATE:October 2018
AUTHOR: Dominic T. Clarke
CATEGORIES:Articles, Knowledge Centre

Insurance for loss resulting from the use of technology to commit fraud has existed for decades. Since the 1980s, commercial crime policies have included various forms of computer fraud and funds transfer fraud coverage. Similar coverage has been available as … Read more »

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Two IMEs, one doctor: Retaining the same medical expert to examine an insured individual involved in two accidents

FIRM:Cox & Palmer
JURISDICTION:Nova Scotia
DATE:September 2018
AUTHOR: Andrew Sowerby
CATEGORIES:Articles, Knowledge Centre

The recent decision of the Nova Scotia Supreme Court in Saccary v Vonhammerstein presents an interesting issue on independent medical examinations (IMEs) at the request of Section A insurers. Should a doctor be disqualified from performing an IME at the behest … Read more »

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Emerging Global Cyber Ransom Threats Require a Strategic Response from the C-Suite (podcast)

FIRM:Blaney McMurty LLP
JURISDICTION:Ontario
DATE:September 2018
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Blaneys’ Partner David Mackenzie discusses emerging cyber threats and the expansion of regulatory risk under GDPR and Canada’s PIPEDA with A.M. Best.  He is joined by Insurance Law Global Partners Ed Lewis from Weightmans LLP in the U.K. and David Shannon with Marshall Dennehey Warner Coleman … Read more »

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