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Saskatchewan Court of Appeal Releases Important Decision on Contribution Between Parties who Helped Cause a Plaintiff’s Loss

FIRM:McKercher LLP
JURISDICTION:Saskatchewan
DATE:May 2019
AUTHOR: Caroline J. Smith
CATEGORIES:Articles, Knowledge Centre

The Saskatchewan Court of Appeal recently released an important decision regarding losses caused by multiple parties: Sound Stage Entertainment Inc v Burns (Sound Stage). In Sound Stage, the Saskatchewan Court of Appeal held that under Saskatchewan’s Contributory Negligence Act (the … Read more »

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Cyber Class Action Exposure in Canada

FIRM:Blaney McMurty LLP
JURISDICTION:Ontario
DATE:May 2019
AUTHOR: Dominic Clarke
CATEGORIES:Articles, Knowledge Centre

While there is growing acceptance within the Canadian insurance market of the need for cyber-insurance, knowledge and understanding of third party risks remain limited. This article reviews relevant decisions to date and discusses causes of action and associated hurdles, as … Read more »

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New Brunswick Court of Appeal Rejects Loss of Inheritance Claim Under Fatal Accidents Act in Absence of Proof of Reasonable Expectation of Inheriting

FIRM:Cox & Palmer
JURISDICTION:Newbrunswick
DATE:May 2019
AUTHOR: Patrick J.O. Dunn and David G. O’Brien, QC
CATEGORIES:Articles, Knowledge Centre

The recent decision of the New Brunswick Court of Appeal in Higgins v. Arseneau, 2019 NBCA 21, will be of interest for anyone involved with fatality claims in New Brunswick. The Court upheld the trial decision dismissing a claim brought on behalf of siblings for loss … Read more »

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Amendments to Statement of Claim May Be Allowed After Expiry of Limitation Period

FIRM:Cox & Palmer
JURISDICTION:Prince Edward Island
DATE:May 2019
AUTHOR: Steven Forbes
CATEGORIES:Articles, Automobile

The recent decision of McKenna v Stewart sheds light on how courts interpret the impact of amendments that are made outside of the limits provided by the Statute of Limitations2, and that potentially raise a new cause of action. On Prince Edward Island, there … Read more »

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Proposed Changes to the Automobile Insurance Act and the Insurance Companies Act

FIRM:Cox & Palmer
JURISDICTION:Newfoundland & Labrador
DATE:May 2019
AUTHOR: Elliott Bursey
CATEGORIES:Articles, Knowledge Centre

Proposed changes to the Automobile Insurance Act and the Insurance Companies Act received second reading in the House of Assembly on April 15, 2019. Read more

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Seasonal Worker Did Not Qualify as “Employed” for Purposes of Loss of Income Payments under Automobile Insurance Policy

FIRM:Cox & Palmer
JURISDICTION:Newfoundland & Labrador
DATE:May 2019
AUTHOR: Veronica H. Medon
CATEGORIES:Articles, Knowledge Centre

In Temple v. Aviva Insurance Company of Canada,1 the Supreme Court of Newfoundland and Labrador determined that the plaintiff, a seasonal worker, was not employed at the date of the motor vehicle accident. As a result, he did not qualify for loss of … Read more »

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Criminal record: the importance of asking questions at the time of subscription

FIRM:Stein Monast
JURISDICTION:Quebec
DATE:May 2019
AUTHOR: Maud Rivard and Catherine Pilote-Coulombe
CATEGORIES:Articles, Knowledge Centre

Very recently, the Court of Quebec reminded us of the importance of asking the insured specific questions about his criminal record at the time of subscription1, even if that question was asked at the time of an earlier subscription with … Read more »

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RMC Guide to Litigation in Canada

FIRM:RMC
JURISDICTION:Canada
DATE:May 2019
AUTHOR: No Author
CATEGORIES:Articles, Guides, Knowledge Centre
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The Superior Court of Quebec rules on the duty of good faith on the part of the insurer and claims adjuster when processing a claim

FIRM:Stein Monast
JURISDICTION:Quebec
DATE:April 2019
AUTHOR: Antoine Beaudoin
CATEGORIES:Articles, Knowledge Centre

On March 13, 2019, Judge Chantale Lamarche of the Superior Court of Quebec ruled, in Cohen v. Lloyd’s Underwriters, on the duty of good faith on the part of the insurer and claims adjuster when processing a claim. Judge Lamarche … Read more »

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The Alberta Court of Queen’s Bench Reinstitutes Mandatory Dispute Resolution for Civil Actions

FIRM:SVR Lawyers
JURISDICTION:Alberta
DATE:April 2019
AUTHOR: Grace Kim
CATEGORIES:Articles, Knowledge Centre

Rules 8.4(3)(a) and 8.5(1)(a) of the Alberta Rules of Court (otherwise known as the “ADR/JDR Rules” requiring parties to conduct an Alternate Dispute Resolution (ADR) or a Judicial Dispute Resolution (JDR) before setting a matter for trial, were suspended in … Read more »

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