RMC
Risk Management Counsel of Canada 

• 2010

  Title : BRITISH COLUMBIA’S NEW SUPREME COURT CIVIL RULES

  This paper serves as a primer on the changes to BC’s Rules of Court that will have the most impact on insurance professionals when handling a litigated claim in BC.

  Author(s) : Brian L. Hoffmann, Associate, Carfra & Lawton, Victoria, BC
  Editor : Jeremy D. Martin, Partner, Carfra & Lawton, Victoria, BC

• 2010

  Title : Claim for Mental Anguish, Inconvenience and Loss of Academic Opportunities from Cancelled Flight Denied Under The Montreal Convention

  "Montreal Convention: claim for mental anguish, inconvenience, and loss of academic opportunity as a result of a flight cancellation denied by the Manitoba Court of Appeal. The Manitoba Court of Appeal considered the Carriage By Air Act, better known as The Montreal Convention, which governs liability for damages occasioned by delay in the carriage of passengers by air."

  Author(s) : Daniel P. Ryall

• 2010

  Title : Malicious Prosecution and Negligent Investigation: Where Are We?

  This paper discusses recent developments in the torts of negligent investigation and malicious prosecution in the context of police civil liability.

  Author(s) : Eugene Mazzuca, Kerry Nash & Rafal Szymanski, Blaney McMurtry LLP

• 2010

  Title : WORKERS’ COMPENSATION FOR INSURERS

  The Canadian workers’ compensation laws basically reflect the original no-fault insurance system. The restriction on the right to sue is not always on the minds of insurers faced with a personal injury claim. At the outset, an insurer should consider whether the relevant workers’ compensation laws remove the right of the injured party to maintain an action against insured. In order to determine whether or not a restriction applies, an insurer must ask itself if its insured is an employer who is required to enroll in the provincial or federal workers’ compensation program, whether the injured party is an employee and whether the loss occurred in an employment context. This paper provides insight on how to determine if the injured party’s right to sue has been restricted by the relevant workers’ compensation legislation.

  Author(s) : Shawn O’Connor, Kelly Santini LLP

• 2010

  Title : Waiver of Subrogation

  An insurer’s subrogation on payment of a loss is a right, but it can be lost by waiver. This paper discusses the trends in the law of waiver of that right.

  Author(s) : By Gregory S. Miller, Lindsay Kenney LLP

• 2010

  Title : THE TRIPARTITE RELATIONSHIP BETWEEN INSUREDS, INSURERS AND COUNSEL: THE IMPORTANCE OF GOOD FAITH

  Tripartite Relationships: This article contains practical considerations for counsel and insurers.

  Author(s) : Nicholas A. Peters, Scott Hall, LLP

• 2010

  Title : AREAS OF POTENTIAL LEGAL LIABILITY FOR EMPLOYERS

  This article was prepared in conjunction with a seminar on employment practices liability insurance, and the various areas of employer liability that may or may not be covered under such policies. The article summarizes both the statutory and common law areas of potential liability for employers.

  Author(s) : Elizabeth J. Forster, Partner Blaney McMurtry LLP

• 2010

  Title : Surveillance: Hot or Not?

  In light of the enactment of the Personal Information Protection and Electronic Documents Act, (PIPEDA), Insurers must be that much more vigilant in their defence of an insurance claim, particularly as it pertains to ‘covert’ surveillance of a claimant. This article raises some questions as to the applicability of PIPEDA within a litigation context and offers the reader some helpful tips on how an Insurer might minimize its exposure to a potential complaint of a violation of the Act.

  Author(s) : Monika M.L. Zauhar, Cox & Palmer

• 2010

  Title : Towards a better control of abusive proceedings

  Quebec’s legislator recently amended the Code of Civil Procedure in an attempt to counter SLAPP Lawsuits. These amendments to the Code of Civil Procedure once again allow parties to seek partial dismissals in certain circumstances.

  Author(s) : Olivier Truesdell-Ménard, Donati Maisonneuve LLP

• 2009

  Title : E-Discovery And Document Disclosure

  If you are not familiar with E-Discovery it is time you acquainted yourself. Most superior courts across Canada are reviewing and evaluating their Rules with respect to discovery of documents. E-Discovery and the Sedona Canada Principles will be the guide in virtually all jurisdictions in Canada, probably within 5 years. Learn these principles now and they will serve you throughout your career.

  This paper will examine on a preliminary basis the present state of discovery and the issue of E-Discovery and document disclosure.

  Author(s) : Alan G. McIntyre, McKercher LLP

• 2009

  Title : One More for the Road: Burgeoning Trends in Commercial Host Liability

  Commercial host liability has always been a contentious issue amongst insurers, advocates, and businesses. The limit upon individual autonomy and the responsibility foisted upon commercial establishments has led to the proliferation of litigation against these commercial hosts for the conduct of intoxicated patrons. The Supreme Court of Canada has limited the extent of this liability in the social host context; however, the spectrum of liability for the most part remains uncertain. The authors examine what could be the next step in commercial host litigation with the scenario of liquor store liability or ‘dram shop liability’ in a Canadian, American and British context.

  Author(s) : Corinne S. Petersen & Kunal K. Nand, Chomicki Baril Mah LLP

• 2009

  Title : Employment Practices Liability (“EPL”) Insurance … the advantages of an EPL policy.

  The insurance market is continually evolving and developing new products to adapt to the clients’ reality. In recent years, the new human rights Charters, labour standards legislation, the public’s growing awareness of their rights, the increasing intolerance for injustice and the ubiquitous media have caused the number of lawsuits based on employment practices to multiply.

  Employers are increasingly exposed to actions before the courts of law and administrative tribunals seeking reparation for damages due to dismissal, discriminatory hiring practices, discriminatory working conditions, sexual or psychological harassment, and so on.

  EPL insurance policies are specifically designed to offer employers the means to shield themselves from the consequences of such potential actions.

  Author(s) : Geneviève Cotnam, Partner, Stein Monast LLP

• 2009

  Title : Dealing with difficult people

  On April 22, 2009, Risk Management Counsel of Canada, RMC, had the pleasure of welcoming at its Mississauga seminar, Dr. Perry Sirota, Clinical and Forensic Psychologist, who shared his formula on how to deal with difficult people. We are all surrounded by difficult people: whether it be family members, friends, colleagues or clients.

  Dr Sirota's text allows us to recognize different types of personalities understand what drives them and gives us some useful tips on how to interact with them.

  Note: This presentation was prepared by Dr Perry Sirota and it is his copyright. Any duplication or dissemination is prohibited without the prior consent of Dr Perry Sirota.

  Author(s) : Dr. Perry Sirota

• 2008

  Title : The Charter and the Insurance Law - The Implications of the Stricking down of Alberta’s Personal Injury Cap

  The author comments on the Alberta Court of Queen’s Bench decision in Morrow vs. Zhang that struck down the Minor Injury Regulation. The Court decided that the Regulation offended section 15 of the Canadian Charter by treating those with minor injuries differently than those with other injuries arising out of motor vehicle accidents.

  Author(s) : Kelly J. Robinson, Chomicki Baril Mah, LLP

• 2008

  Title : The Duty to Defend

  In Groupe DMR c. Kansa, the Court of Appeal revisited the insurer’s duty to defend. The Court summarizes the circumstances triggering the duty to defend and gives practical advice as to the different choices available to the insurer when he must appoint counsel.

  Author(s) : Geneviève Cotnam, Stein Monast LLP

• 2008

  Title : Joint, Several and Concurrent Liability : What’s the Difference ?

  The author explains the difference between joint, several and concurrent liability in multiple defendants claim and analyses the impact on settlement opportunities and liability exposure.

  Author(s) : Neil C. Carfra, Carfra & Lawton Lawyers

• 2008

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

  This text studies the sensitive question of the waiver or estoppel argument in the context of the duty to defend under an insurance policy.

  Author(s) : Allison J. Klymyshyn, Kelly Santini LLP

 

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