Knowledge Centre

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The Court of Appeal Speaks: Claims for Contribution and Indemnity are subject to discoverability

FIRM:Blaney McMurty LLP
JURISDICTION:Ontario
DATE:June 2018
AUTHOR: Bianca Pedro
CATEGORIES:Articles, Knowledge Centre

The Ontario Court of Appeal has now confirmed that claims for contribution and indemnity under section 18 of the Limitations Act, 2002 are subject to discoverability.  In its decision Mega International Commercial Bank (Canada) v. Yung released on May 7, 2018, the Court clarified the … Read more »

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ADAS and the insurance industry

FIRM:Blaney McMurty LLP
DATE:June 2018
AUTHOR: Stephen Moore
CATEGORIES:Articles, Knowledge Centre

Advanced driver assistance systems stand to have significant impact on premiums – and on litigation. Blaney McMurtry’s Stephen Moore explains how claims and underwriting approaches will need to be adjusted to accommodate these new technologies for Lexpert Magazine’s May ‘Change Agent’ column. Read … Read more »

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“Irreconcilable incongruity” in Plaintiff’s reporting disallows claim for loss of future income, Section B setoff avoids recovery of any damages

FIRM:Cox & Palmer
JURISDICTION:New Brunswick
DATE:June 2018
AUTHOR: Stéphanie Luce
CATEGORIES:Articles, Knowledge Centre

In Bent v. MacFarlane, contradictions in Bent’s self-reporting and her lack of attempt to seek a medical resolution to an alleged chronic pain syndrome proved extremely limiting to her claim for damages.  The case is remarkable for the severity of … Read more »

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Self-Represented Plaintiff Declared Vexatious Litigant

FIRM:Scott Venturo Rudakoff LLP
DATE:May 2018
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

In 2017, Domenic Venturo, Q.C., and Laura Bracco-Callaghan successfully applied to the Court of Queen’s Bench of Alberta to have a plaintiff declared a vexatious litigant (ET v Rocky Mountain Play Therapy Institute Inc, 2017 ABQB 475). The plaintiff’s subsequent leave to appeal application … Read more »

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An Insured’s Failure to Attend an IME pursuant to the Policy may result in a Denial of Section B Benefits

FIRM:CBM Lawyers
JURISDICTION:Alberta
DATE:May 2018
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Allstate Insurance Company (the “Insurer”), issued an SPF No.1 policy (the “Policy”) to a vehicle owned by Ms. Jenine Greenidge (the “Insured”). The Insured was involved in a motor vehicle accident. The Insured made a claim pursuant to Section B … Read more »

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The Notion of “Occurrence” Following the Progressive Homes Judgment

FIRM:Stein Monast
DATE:May 2018
AUTHOR: Vincent Lemay
CATEGORIES:Articles, Knowledge Centre

The Progressive Homes[1] judgment has had major repercussions on the damage insurance industry, especially for the holders and issuers of commercial general liability insurance, also known as CGL policies. The Supreme Court in fact broadened the scope of the notions … Read more »

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Non-Suit Applications when faced with a novel Duty of Care

FIRM:Scott Venturo Rudakoff LLP
JURISDICTION:Alberta
DATE:April 2018
AUTHOR: Mark Hein
CATEGORIES:Articles, Knowledge Centre

From time to time in this industry we are faced with having to address claimants who feel they have been wronged, but whose situation does not fit within that of a recognized duty or standard of care.  In these situations, … Read more »

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Growing of Marijuana– Aggravation of Undisclosed Risk – Building Destroyed by Fire – Ab Initio Nullification of the Insurance Policy – The Nominee has no Insurable Interest – The Insurer’s Right to Cancel a Contract

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:April 2018
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

El-Ferekh v. Intact, compagnie d’assurances, 2017 QCCS 4077 The issue in this dispute is the validity of an insurance policy issued to the plaintiff, Robbie El-Ferekh (“the Insured” or “Robbie”) acting as a nominee on behalf of his brother, Steven. Following a fire … Read more »

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A Municipality’s Failure to Open a Traffic Lane Despite its Commitments to a General Contractor – The Municipal Insurer’s Obligation to Take up the Defence – Real Nature of the Claim Against the Municipality – The Terminology Used in the Proceedings is Not Overriding

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:April 2018
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

9173-1521 Québec Inc. v. Municipalité de Saint-Georges-de-Clarenceville, 2017 QCCS 4399 In the framework of the dispute between 9173-1521 Québec Inc. (the “Plaintiff”) and the Municipality of Saint-Georges-de-Clarenceville (the “Municipality”), the latter party asked its civil liability insurer, La Mutuelle des municipalités du Québec … Read more »

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Abusive Conduct – Refusal to Indemnify – Credit Insurance – The Burden of Proving the Insured’s Failure to Comply with its Duty to Disclose Information is not Met

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:April 2018
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Groupe Anderson Inc. v. Euler Hermes Canada, 2017 QCCS 4509 Groupe Anderson Inc. (“Anderson”) claimed $151,383 from its credit insurer (“Euler” or “the insurer”) for insurance indemnities and extrajudicial fees. Read more

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