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Recent Manitoba Decision on Omissions on Disability Insurance Application

FIRM:Fillmore Riley LLP
JURISDICTION:Manitoba
DATE:July 2012
AUTHOR: Bernice Bowley
CATEGORIES:Articles, Coverage, Health law, Life and disability, Self insured & program

There has been a lot of commentary in the media about naïve Canadians inadvertently failing to provide full disclosure on their applications for travel and disability insurance.  A CBC Marketplace episode highlighted a number of situations where people completed insurance … Read more »

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The New Tort Relating to Invasion of Privacy: Insurance Implications

FIRM:Blaney McMurtry LLP
JURISDICTION:Ontario
DATE:June 2012
CATEGORIES:Articles, Class action, Coverage, Directors and officers, Errors & Omissions

INTRODUCTION The Ontario Court of Appeal’s January decision in Jones v. Tsige 2012 ONCA 32 recognized the tort of “intrusion upon seclusion”  as a cause of action in Ontario. This decision may have significant  implications for policyholders and  insurers. Formal … Read more »

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Has the Insurer which, in its Defence, Failed to Repeat the Exclusion Clause of the Insurance Policy Word for Word, Either Restricted or Limited its Claims Regarding the Exclusion it is Invoking?

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:May 2012
CATEGORIES:Articles, Coverage, Subrogation

A recent decision rendered by the Superior Court on this topic, which was later appealed, arose from the following factual context. The Ace-Ina Insurance Company instituted an action in subrogation against the defendants, Mr. Demers (“Demers”) and the parents of Mr. X (“X”), a minor, further to a fire in a garage where portable golf course equipment had been stored, and for which the plaintiff indemnified the insured. More specifically, because Mr. X was a minor, his parents were sued personally, as the guardians of a minor. Let it be noted that in this case, the parents were not found personally liable; instead they were condemned only in their capacity as guardians.

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Three Strikes and You’re Out: Supreme Court of Canada rules on Forum Selection Clauses And the Law of Attornment

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:May 2012
CATEGORIES:Articles, Directors and officers, Mediation and Alternative Dispute Resolution, Sports & recreation

After fielding a team in the Can-Am League during the 2008 season, Rapidz Baseball advised the League that it would not operate the following year and requested a voluntary withdrawal based on financial hardship. The League rejected the application after … Read more »

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Does an Insurance Adjuster’s Report Constitute a Privileged Document?

FIRM:Stein Monast LLP
JURISDICTION:Quebec
DATE:April 2012
CATEGORIES:Articles, Knowledge Centre

Réjean St-Pierreand 9118-0471 Québec Inc. filed a motion to institute proceedings against l’Union Canadienne, seeking to collect an insurance indemnity they claimed to be entitled to following a fire that occurred on January 29, 2010. In their proceedings, they also sought moral and punitive damages after the insurer’s decision to cancel the insurance policy ab initio following the incident, stating that such a position was arbitrary and detrimental to them. Read more.

Which indemnification regime applies to injury caused when a person is inside his vehicle: the ordinary law regime or the regime instituted under the Automobile Insurance Act?

FIRM:Stein Monast LLP
JURISDICTION:Quebec
DATE:March 2012
CATEGORIES:Articles, Automobile

Gabriel Antony Rossy was killed when a tree fell on the automobile he was in. His parents and his three brothers brought an action in civil liability against the owner of the tree, the City of Westmount. But the City sought to have the action dismissed, arguing that the injury was caused by an automobile, that the Automobile Insurance Act applied, and that any ordinary law remedy was therefore barred.

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Reforms to insurance legislation: Alberta’s response to the Supreme Court of Canada’s call for change

FIRM:Scott Venturo LLP
JURISDICTION:Alberta
DATE:March 2012
CATEGORIES:Articles, Automobile, Aviation, Boiler and Machinery, Class action, Construction, Coverage, Directors and officers, Employment Practices Liability, Environmental claims, Errors & Omissions, Fidelity and Surety claims, Financial Institution liability, Fraudulent and suspicious claims, Health law, Institutional and sexual abuse claims, Latent defects, Libel and defamation, Life and disability, Liquor Liability, Mediation and Alternative Dispute Resolution, Medical Examinations, Occupiers liability, Personal Injury, Privacy, Products Liability, Professional Liability, Property & casualty, Public authorities liability, Self insured & program, Sports & recreation, Subrogation, Surety Fidelity and Guarantee, Transportation

In the 2003 decisions of KP Pacific Holdings Ltd. V. Guardian Insurance Co. of Canada, [2003] S.C.J. No. 24 and Churchland. Gore Mutual Insurance Co., [2003] S.C.J. No. 25, the Supreme Court of Canada called for legislative changes to the … Read more »

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The Insured’s Legitimate Expectation and the Importance of the Content of the Insurance Application: Kaperonis V Standard Life Insurance Company of Canada, 2011 QCCS 6654

FIRM:Stein Monast LLP
JURISDICTION:Quebec
DATE:February 2012
AUTHOR: Jocelyn Aucoin
CATEGORIES:Articles, General

The Superior Court analyzed Article 2400, paragraph 2 of the Civil Code of Québec, which stipulates that in case of discrepancy between the policy and the application, the latter prevails unless the insurer has, in a separate document, indicated the particulars in respect of which there is discrepancy to the client. Read more.

SEF 44 Family Endorsement Protection Deductibility of Collateral Benefits

FIRM:Cox & Palmer
JURISDICTION:New Brunswick
DATE:January 2012
AUTHOR: Monika M.L. Zauhar and Steven Pearce
CATEGORIES:Articles, Automobile

I. INTRODUCTION The principle of recovery in a tort action is to compensate the injured party as completely as possible for the loss suffered as a result of the negligence of a tortfeasor. Typically the plaintiff is not entitled to … Read more »

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Covering the Field: Sport-Related Personal Injuries and Insurance Coverage

FIRM:Mckercher LLP
JURISDICTION:Saskatchewan
DATE:November 2011
CATEGORIES:Articles, Sports & recreation

Broadly speaking, over the past ten years, the media has increased its coverage and focus on personal injuries sustained in sports, both professional and amateur.  In conjunction, health professionals have cautioned the public about the dangers of sports injuries and … Read more »

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