Knowledge Centre

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Deducting Statutory Accident Benefits from Tort Awards in Ontario

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:January 2019
AUTHOR: Shawn O'Connor and Chloe Waind, Articling Student
CATEGORIES:Articles, Knowledge Centre

In the province of Ontario, anyone injured in an automobile accident has two avenues for compensation: they can sue the “at-fault” driver in a civil tort action, or they can apply for Statutory Accident Benefits (“SABs”), which are the mandatory … Read more »

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Almost A Sweet Deal: The Supreme Court Of Canada’s Decision In Moore V Sweet

FIRM:McKercher LLP
JURISDICTION:Saskatchewan
DATE:January 2019
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

When Mr. Lawrence Moore died, he left behind a messy legal issue for his surviving spouse and ex-wife to deal with: Who gets the life insurance proceeds? This legal dispute made its way to the Supreme Court of Canada, which … Read more »

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Claim Against Leasing Company Dismissed with Motion for Summary Judgment

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:January 2019
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Kelly Santini’s Shawn O’Connor brought a successful motion before the Ontario Superior Court to have a claim against a leasing company dismissed by summary judgment.  The plaintiff brought the claim after he was injured by a snapped cable on the used tow … Read more »

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Subcontractor in hot water! – The insurer’s obligation to defend – Exclusion clause regarding “the insured’s work” – Are the damages claimed covered, or are they the result of defects in the “insured’s work?”

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:January 2019
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Ville de Québec v. Socomec Industriel inc. and Zurich and Intact v. Réfrabec inc. and Industries Samson inc. and Lloyd’s, 2018 QCCS 3878 Industriel Samson inc. (“Samson”), the claiming party in sub-warranty, presented a Wellington Motion in an effort to force its insurer, … Read more »

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Breach of a performance guarantee – The insurer has no obligation to take up the defence

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:January 2019
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

9071-3975 Québec inc. v. Leprohon inc., 2018 QCCS 3434 Professional liability insurance | Applicable exclusion clauses | No loss LeProhon inc. (“the Insured”) was sued for $7,873,728 and filed a claim to order Federated (“the Insurer”) to take up its defence in an action … Read more »

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Disciplinary complaint and letter from a Syndic to the Collège des médecins du Québec inadmissible in evidence!

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:January 2019
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Dahan v. Poirier, 2018 QCCQ 5154 Professional and medical liability |Disciplinary process | Production of evidence | Lack of relevance | Striking out of allegations | Exclusion of exhibits Dr. Paul Poirier (“the Defendant”), was sued for medical malpractice by Abdallah Ali Dahan (“the Claimant”), … Read more »

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Bad Faith in Insurance Contracts

FIRM:Fillmore Riley LLP
JURISDICTION:Manitoba
DATE:December 2018
AUTHOR: Kelsey M. Yakimoski
CATEGORIES:Articles, Knowledge Centre

In 2014, the Supreme Court of Canada in Bhasin v. Hrynew recognized good faith as the general organising principle of the common law of contract and that the duty of honest performance of a contract was a manifestation of the … Read more »

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Deducting Collateral Benefits From Loss of Income Claims

FIRM:Cox & Palmer
DATE:December 2018
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre, News & events

A question that we frequently hear from our colleagues in the insurance industry is: what benefits can we deduct in tort claims seeking damages for loss of income? Consider the plaintiff who has suffered a disabling injury and is unable … Read more »

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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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