Knowledge Centre

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Protect Your Insured From Being Added to Litigation

FIRM:Blaney McMurty LLP
JURISDICTION:Ontario
DATE:April 2019
AUTHOR: Ian Epstein
CATEGORIES:Articles, Knowledge Centre

When an opposing party brings a motion to add an insured to existing litigation, the courts usually allows the party to be added, unless there are clear reasons not to do so, such as an expired limitation period. Consent is … Read more »

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To Order an Advance Payment to a PEI Motor Vehicle Accident Plaintiff – or Not – That Was the Question

FIRM:Cox & Palmer
JURISDICTION:Prince Edward Island
DATE:April 2019
AUTHOR: Nicole Brown Dunbar
CATEGORIES:Articles, Knowledge Centre

In Fraser v. Runighan 2018 PESC 26, Chief Justice T. L. Clements of the Supreme Court of Prince Edward Island considered, for the first time on PEI, a motor vehicle accident plaintiff’s motion2 for an advance payment under Rules 20.10 – 20.12 (now … Read more »

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Court Denies Plaintiff’s Application for an Advance or Periodic Payment

FIRM:Cox & Palmer
JURISDICTION:Newfoundland & Labrador
DATE:April 2019
AUTHOR: Sarah K. Colborne and Lindsey Wareham
CATEGORIES:Articles, Knowledge Centre

In White v. Meiting, the Supreme Court of Newfoundland and Labrador denied a plaintiff’s application for an advance or periodic payment. In doing so, the court clarified the criteria which must be satisfied by a plaintiff who seeks an advance payment of … Read more »

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Privilege: The Law of Secrets

FIRM:CBM Lawyers
JURISDICTION:Alberta
DATE:March 2019
AUTHOR: Debra G. Woodske and Makenzie M. Johnston
CATEGORIES:Articles, Knowledge Centre

We have all heard the terms “solicitor-client privilege” and “litigation privilege”, but what they mean and how they are applied can get confused or twisted in practice. This article is an attempt to clarify these categories and provide a bit … Read more »

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A Trustee in Bankruptcy Claims more than $700,000 in Insurance Proceeds – Life Insurance – Bankruptcy – Change in Beneficiaries – Prescription – Reasonable Period of Time – Is a Change in the Designation of Beneficiaries Null and Void in the Context of a Bankruptcy?

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

Baker’s Trustee, 2018 QCCS 5493. This case involves a motion by Mr. Baker’s Trustee in Bankruptcy (hereinafter, “the Trustee”) in an effort to have a change in beneficiaries under a life insurance policy made by Mr. Michael Theodore Baker (hereinafter, … Read more »

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Wellington isn’t Just a Way to Serve Beef! – Assuming the Insured’s Defence – Extrinsic Evidence – Summary Debate – Grounds for the Nullity or Revocation of the Policy – Can the Insurer Deny Coverage at the Wellington Motion Stage?

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

Global Aerospace Underwriting Managers (Canada) Ltd. v. Jobert Inc., 2018 QCCS 4415. In a dispute between Global Aerospace Underwriting Managers (Canada) Ltd. (hereinafter, “Global Aerospace”) and Jobert Inc. (hereinafter, “Jobert”), the latter party’s insurer, Intact Assurance (hereinafter, “Intact”), denied coverage and refused … Read more »

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An Incoherent Physician Secretly Communicates with an Insurer – Disability Insurance – Communication Between a Physician and an Insurer – Liability – What are the Obligations of the Physician and the Disability Insurer?

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

Tardif v. Succession de Dubé, 2018 QCCA 1639 Appeal from a decision rendered by the Superior Court ordering Dr. Tardif and SSQ Groupe Financier (hereinafter, “SSQ” or “the Insurer”) to pay damages to Ms. Denise Dubé (hereinafter, “Ms. Dubé” or “the Patient”) … Read more »

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Forced to Undergo a Medical Evaluation – Appeal – Evaluation of Functional Capabilities – Criteria for Appeal – What Conditions Must be Met to Ensure that Leave to Appeal is Granted?

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

Therrien c. Great-West, compagnie d’assurance-vie, 2018 QCCA 2226. Appeal from a decision rendered by the Court of Quebec, ordering the Applicant, Mr. Jean-Philippe Therrien (hereinafter “Mr. Therrien” or “the Applicant”), to undergo an evaluation of his functional capabilities and of his skills … Read more »

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The Importance of Plaintiff Credibility in Determining Causation

FIRM:Cox & Palmer
JURISDICTION:Nova Scotia
DATE:March 2019
AUTHOR: Amy MacGregor
CATEGORIES:Articles, Knowledge Centre

A recent Nova Scotia Supreme Court case, Gale v Purcell, 2018 NSSC 319, demonstrates how the credibility of a plaintiff can play a central role in assessing causation in a motor vehicle accident. On September 19, 2006, the Plaintiff, Angela Marie Gale … Read more »

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An Alberta Response to the Rise in Vexatious and Abusive Litigation

FIRM:SVR Lawyers
JURISDICTION:Alberta
DATE:February 2019
AUTHOR: Laura Bracco-Callaghan
CATEGORIES:Articles, Knowledge Centre

Civil Practice Note No. 7 – Vexatious Application/Proceeding Show Cause Procedure (General Powers to Stay or Dismiss a Frivolous, Vexatious, or Abusive Application or Proceeding) The number of self-represented litigants (“SRLs”) is on the rise in Canada. Data collected by … Read more »

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