Knowledge Centre

articles

Social media: a management tool, or another risk to manage?

FIRM:Stein Monast LLP
JURISDICTION:Quebec
DATE:September 2011
CATEGORIES:Articles, Privacy

In the late 19th century, the invention of the telephone ushered in a new age of communications. In 2004, little more than a century later, the advent of Web 2.0 revolutionized the way individuals interact, both privately and in the workplace. The … Read more »

Read more »

Does a Reinsurer Have a Right of Action Against Those Responsible for the Casualty?

FIRM:Stein Monast LLP
JURISDICTION:Quebec
DATE:July 2011
CATEGORIES:Articles, General, Knowledge Centre

This is the question the Court of Appeal answered in Boiler Inspection and Insurance Company of Canada v. H.A. Simons Ltd. 2011 QCCA 1194. Domtar was covered by all-risk insurance policy with American Home Insurance Company (American) which in turn had taken out a reinsurance contract with Boiler Inspection and Insurance Company of Canada (Boiler).  After a washing machine malfunctioned, American indemnified Domtar for close to $10,000,000.  Read more.

Insurance and Insolvency

FIRM:Fillmore Riley LLP
JURISDICTION:Manitoba
DATE:July 2011
AUTHOR: Andrew Loewen
CATEGORIES:Articles, Coverage, Property & casualty

This article considers insurance issues which arise on the insolvency of an insured.  In particular, we look at the obligation of trustees in bankruptcy to maintain existing coverage, and the competing concern which some insurers have, that the insolvency of … Read more »

Read more »

The Anton Piller Order: A New Form of Injunction

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:July 2011
CATEGORIES:Articles, General

This extraordinary remedy, which is very effective and gaining in popularity, is named after a decision rendered in the United Kingdom in 1976. It is mainly useful to plaintiffs who wish to obtain and preserve certain pieces of evidence, which, without intervention from the court, might otherwise disappear or be destroyed.

Read more »

A Broker’s Advisory Duty: Ignorance does not excuse everything

FIRM:Stein Monast LLP
JURISDICTION:Quebec
DATE:June 2011
AUTHOR: No Author
CATEGORIES:Articles, General, Knowledge Centre

125057 Canada Inc. v. Rondeau, 2011 QCCS 94

Author(s): Henri Renault

A fire ravaged the premises of Tricots L.G. Ltée (“Tricots”) and the policy limits turned out to be insufficient for the additional rebuilding costs due to regulatory requirements, the value of the inventory, the value of the equipment and the loss of profits.  Tricots blamed its broker for failing in his duty to advise and inform. Read more.

Considerations for Serving a Jury Notice in Personal Injury Litigation

FIRM:Blaney McMurtry LLP
JURISDICTION:Ontario
DATE:June 2011
AUTHOR: Catherine McGhee
CATEGORIES:Articles, Personal Injury

Introduction In the 1835 Monograph Democracy in America, French political observer Alexis de Tocqueville wrote, “I do not know whether the jury is useful to those who are in litigation; but I am certain it is highly beneficial to those … Read more »

Read more »

Fortier v. Sun Life of Canada, Life Insurance Company – Can Modifications to a Group Insurance Policy be Enforced Against the Insured Members Without their Knowledge?

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:April 2011
CATEGORIES:Articles, Automobile

Mr. Fortier, a dental surgeon, was covered for disability under a group insurance policy held by the Canadian Dental Association. Initially, he claimed total disability insurance benefits for a period of eight months following a road accident that occurred on October 25, 1997, causing him multiple trauma.

Read more »

Punitive Damages for Latent Defects

FIRM:Stein Monast LLP
JURISDICTION:Quebec
DATE:March 2011
AUTHOR: No Author
CATEGORIES:Articles, General, Knowledge Centre

Davignon V. Savaria, 2011 QCCA 446, 2010 QCCS 6443

Author(s): Catherine Cloutier

The Court of Appeal recently dismissed an appeal from a Superior Court judgment ordering a seller to pay punitive damages for failing to disclose fungal contamination in a building sold without legal warranty in October 2008.  Read more.

New Brunswick Court of Appeal Challenges Appellate Jurisprudence Respecting Underinsured Endorsement Benefits (Economical Mutual Insurance Co. v. Lapalme, 2010 NBCA 87

FIRM:Cox & Palmer
JURISDICTION:New Brunswick
DATE:February 2011
AUTHOR: Amanda Evans
CATEGORIES:Articles, General, Knowledge Centre

In Economical Mutual Insurance Co. v. Lapalme, the New Brunswick Court of Appeal addressed the issue of the deductibility of Canada Pension Plan disability benefits under the equivalent of the standard SEF 44 Endorsement.  The Court narrowly interpreted the Supreme Court of Canada decision in Somersall v. Friedman with respect to the relevant date for quantification of benefits payable, finding that while the date of accident is the relevant date for determination of the legal entitlement to recover against an underinsured motorist, the relevant date for quantification of that entitlement is the date of adjudication of the claim.  This finding challenges decisions of both the Nova Scotia Court of Appeal (Campbell-MacIsaac v. Deveaux) and the Prince Edward Island Court of Appeal (MacNeill v. Co-operators).

Read more »

Absolute Discharge and the Insured’s Duty to Declare

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:February 2011
AUTHOR: Pascale Caron
CATEGORIES:Articles, General

The Superior Court accepted the motion for dismissal under Art 54.1 C.C.P. filed by an insurer against an action in damages by an applicant accusing it of having considered charges and guilty pleas that had been the subject of an absolute discharge.

Read more »