Knowledge Centre

articles

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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Quebec’s Automobile Insurance Act: Can the Act Apply to the Use of a Four-Wheel Scooter?

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:October 2011
AUTHOR: Patricia Proulx
CATEGORIES:Articles, Automobile

The Quebec Automobile Insurance Act (the “Act”) is applicable in the event of an accident involving at least one automobile. However, the definition of the term “automobile” as employed by the legislator is very broad. Accordingly, the courts have, on numerous occasions, deemed that certain vehicles not meant to transport people or materials are indeed considered “automobiles” under the Act. For example, courts have ruled that a road roller, an excavator, a fork truck, and even a bulldozer could all be considered automobiles under the Act. It is therefore observable that the definition of the term “automobile” includes vehicle categories that do not always correspond to the meaning normally associated with the term.

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Recent Alberta Court of Appeal Decision Confuses our Understanding of an Occupier’s Duty of Care

FIRM:Chomicki Baril Mah LLP
JURISDICTION:Alberta
DATE:October 2011
CATEGORIES:Articles, Occupiers liability

Historical Development of Occupiers’ Liability in Canada Long before the modern principles of negligence were developed, the common law held owners of land, buildings or other structures, liable for personal injuries or damage to the property of certain types of … Read more »

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Failure to Disclose a Latent Defect: An Omission that can Destine a Remedy for Failure

FIRM:Stein Monast LLP
JURISDICTION:Quebec
DATE:October 2011
AUTHOR: Jocelyn Aucoin
CATEGORIES:Articles, Property & casualty, Subrogation

The building owned by Intact Insurance Company’s insureds was completely destroyed by fire on June 29, 2007.  On March 18, 2010, Intact filed a subrogatory remedy against Françoise Mapp, the seller of the building, her insurer, and Julie Charrette, the previous owner who had allegedly done faulty do-it-yourself work on the electrical system. By its action, Intact claimed the $211,231.02 indemnity it had paid its insureds. Read more.

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 »

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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 »

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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.

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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.