Knowledge Centre

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Criminal record: the importance of asking questions at the time of subscription

FIRM:Stein Monast
JURISDICTION:Quebec
DATE:May 2019
AUTHOR: Maud Rivard and Catherine Pilote-Coulombe
CATEGORIES:Articles, Knowledge Centre

Very recently, the Court of Quebec reminded us of the importance of asking the insured specific questions about his criminal record at the time of subscription1, even if that question was asked at the time of an earlier subscription with … Read more »

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RMC Guide to Litigation in Canada

FIRM:RMC
JURISDICTION:Canada
DATE:May 2019
AUTHOR: No Author
CATEGORIES:Articles, Guides, Knowledge Centre
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The Superior Court of Quebec rules on the duty of good faith on the part of the insurer and claims adjuster when processing a claim

FIRM:Stein Monast
JURISDICTION:Quebec
DATE:April 2019
AUTHOR: Antoine Beaudoin
CATEGORIES:Articles, Knowledge Centre

On March 13, 2019, Judge Chantale Lamarche of the Superior Court of Quebec ruled, in Cohen v. Lloyd’s Underwriters, on the duty of good faith on the part of the insurer and claims adjuster when processing a claim. Judge Lamarche … Read more »

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The Alberta Court of Queen’s Bench Reinstitutes Mandatory Dispute Resolution for Civil Actions

FIRM:SVR Lawyers
JURISDICTION:Alberta
DATE:April 2019
AUTHOR: Grace Kim
CATEGORIES:Articles, Knowledge Centre

Rules 8.4(3)(a) and 8.5(1)(a) of the Alberta Rules of Court (otherwise known as the “ADR/JDR Rules” requiring parties to conduct an Alternate Dispute Resolution (ADR) or a Judicial Dispute Resolution (JDR) before setting a matter for trial, were suspended in … Read more »

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No Tort of Harassment in Ontario: Court of Appeal

FIRM:Blaney McMurty LLP
JURISDICTION:Ontario
DATE:April 2019
AUTHOR: Simon Reis
CATEGORIES:Articles, Knowledge Centre

In Merrifield v. Canada (Attorney General), Ontario’s highest court has confirmed that there is no free-standing common law tort of harassment in Ontario. Mr. Merrifield claimed that he had been harassed and bullied by managerial members of the Royal Canadian Mounted … Read more »

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Protect Your Insured From Being Added to Litigation

FIRM:Blaney McMurty LLP
JURISDICTION:Ontario
DATE:April 2019
AUTHOR: Ian Epstein
CATEGORIES:Articles, Knowledge Centre

When an opposing party brings a motion to add an insured to existing litigation, the courts usually allows the party to be added, unless there are clear reasons not to do so, such as an expired limitation period. Consent is … Read more »

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To Order an Advance Payment to a PEI Motor Vehicle Accident Plaintiff – or Not – That Was the Question

FIRM:Cox & Palmer
JURISDICTION:Prince Edward Island
DATE:April 2019
AUTHOR: Nicole Brown Dunbar
CATEGORIES:Articles, Knowledge Centre

In Fraser v. Runighan 2018 PESC 26, Chief Justice T. L. Clements of the Supreme Court of Prince Edward Island considered, for the first time on PEI, a motor vehicle accident plaintiff’s motion2 for an advance payment under Rules 20.10 – 20.12 (now … Read more »

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Court Denies Plaintiff’s Application for an Advance or Periodic Payment

FIRM:Cox & Palmer
JURISDICTION:Newfoundland & Labrador
DATE:April 2019
AUTHOR: Sarah K. Colborne and Lindsey Wareham
CATEGORIES:Articles, Knowledge Centre

In White v. Meiting, the Supreme Court of Newfoundland and Labrador denied a plaintiff’s application for an advance or periodic payment. In doing so, the court clarified the criteria which must be satisfied by a plaintiff who seeks an advance payment of … Read more »

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Privilege: The Law of Secrets

FIRM:CBM Lawyers
JURISDICTION:Alberta
DATE:March 2019
AUTHOR: Debra G. Woodske and Makenzie M. Johnston
CATEGORIES:Articles, Knowledge Centre

We have all heard the terms “solicitor-client privilege” and “litigation privilege”, but what they mean and how they are applied can get confused or twisted in practice. This article is an attempt to clarify these categories and provide a bit … Read more »

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A Trustee in Bankruptcy Claims more than $700,000 in Insurance Proceeds – Life Insurance – Bankruptcy – Change in Beneficiaries – Prescription – Reasonable Period of Time – Is a Change in the Designation of Beneficiaries Null and Void in the Context of a Bankruptcy?

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:March 2019
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Baker’s Trustee, 2018 QCCS 5493. This case involves a motion by Mr. Baker’s Trustee in Bankruptcy (hereinafter, “the Trustee”) in an effort to have a change in beneficiaries under a life insurance policy made by Mr. Michael Theodore Baker (hereinafter, … Read more »

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