RMC
Risk Management Counsel of Canada 

• 2007

  Title : D & O Policies and Coverage Issues

  Canadian Securities Class Actions are on the rise which brings on consequences as to D & O coverage.

  Author(s) : Dolden Wallace Folick LLP

• 2007

  Title : Economy Class Misery

  The author comments on the decision in McDonald vs Korean Air and China Travel regarding the liability of an airline company for damages suffered by a passenger who developed deep vein thrombosis.

  Author(s) : Stuart J. Blake, Fillmore Riley LLP

• 2007

  Title : Social Host Liability – Do Not Rely On The Host

  Does the host of a private party owe a duty of care to the public user of a highway? The author comments on the Supreme Court decision of Childs v. Desormeaux

  Author(s) : Stuart J. Blake, Fillmore Riley LLP

• 2007

  Title : Spoliation: How To Lose Your Case Easily

  Spoliation of evidence should not be taken lightly. In light of the evolution of the law of evidence regarding spoliation, gone are the days when a party can indiscriminately lose, alter or destroy crucial pieces of evidence without suffering the consequences.

  Author(s) : Glen S. Gallant and Michael Bowlin, Cox & Palmer

• 2007

  Title : The mutual duty of good faith

  Insurers and insureds owe a mutual obligation to deal with each other fairly and in good faith. Breach of this duty invites remedies beyond those offered under ordinary contract law. This paper is intended to provide a brief insight on this issue.

  Author(s) : Marie Stack with the assistance of Greg A. Thompson and Brad D. Hunter, McKercher McKercher & Whitmore LLP

• 2007

  Title : Quebec: the gateway to class actions

  The most recent modifications to the Code of civil procedure regarding class action in the Province of Quebec has simplified the process for certification, thus increasing the number of class actions brought before the courts. The text outlines the steps leading to certification and the impact on case management for the insurer.

  Author(s) : Geneviève Cotnam with the collaboration of Paul Cooper, Desjardins Ducharme LLP

• 2007

  Title : An Unfortunate Series of Events: The Case of Audio Works Production Services Ltd. v. Canadian Northern Shield Insurance Company

  The placement of policy can often be complex. When a loss occurs for which the policy does not provide coverage, finger pointing begins. The court concludes that there was no contributory negligence on the part of the insured for failing to read its policy since he was entitled to rely upon expertise and advice of his agents and to assume he would receive the coverage for which he applied.

  Author(s) : Stuart J. Blake, Fillmore Riley LLP

• 2007

  Title : CAN A COMMERCIAL LESSOR LIMIT ITS LIABILITY FOR MATERIAL DAMAGES IN QUEBEC?

  The Quebec Court of Appeal confirmed that a lessor can legally limit or exclude its liability for material damages through a carefully worded exclusion clause contained within a commercial lease. This exclusion could not, however, protect him against intentional acts or gross negligence.

  Author(s) : Paul Cooper, Desjardins Ducharme LLP (Now : Donati Maisonneuve)

• 2007

  Title : WEST NILE VIRUS: IS A BITE AN “ACCIDENT” WITHIN THE TERMS OF A GROUP ACCIDENT POLICY ?

  The court considers that the disability that resulted form being bitten by a mosquito infected with the Nile virus does not fall within the definition of “accident” under a group accident policy.

  Author(s) : Loretta Taylor - Cox & Palmer

• 2007

  Title : THE VACANCY CLAUSE – WHEN IS A BUILDING “VACANT” ?

  The vacancy clause in the insurance policy is designed to allow the insurer to avoid being at risk when the insured vacates the premises without informing the insurer. The insurer will need to establish that the property was vacant to the insured’s knowledge. This will be decided on a case by case basis.

  Author(s) : Sophie Manuel - Cox & Palmer

 

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