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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.

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 »

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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.

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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).

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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.

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The Duty to Defend

FIRM:Stein Monast LLP
JURISDICTION:Quebec
DATE:January 2008
CATEGORIES:Articles, Coverage

The issue of the insurer’s obligation to defend has raised numerous debates in the jurisprudence over the past few years. Recently, the Court of Appeal of Quebec in Groupe DMR Inc. v. Kansa General International Insurance Company Ltd, AZ-50488250 revisited … Read more »

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Can an Insurer Who Has Agreed to Defend Later Deny a Duty to Defend ?

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:January 2008
AUTHOR: Allison J. Klymyshyn
CATEGORIES:Articles, Coverage

The recent decision of Mr. Justice Keith A. Hoilett in Economical Insurance Company of Canada v. Fleming, [2008] I.L.R. I-4673, 57 C.C.L.I. (4th) 246, 89 O.R. (3d) 68 (Ont.S.C.J.) is one that all insurance defence counsel should read. The decision … Read more »

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