Knowledge Centre

Making Damage Claims Less Damaging – Recorded December 4, 2014

December 2014 ,

In this webinar, insurance defence lawyers from RMC member firms in Alberta, Manitoba and Ontario review recent developments and case law involving claims for damages and the strategies needed to defend these claims. The presentations address claims for psychological damages made by family members of an injured plaintiff as well claims for bad faith and mental distress. The webinar concludes with a look at a plaintiff’s duty to mitigate damages in personal injury cases.

To watch the webinar, please click here.

Topics & Presenters

Psychological damage claims made by spouses / family members of injured plaintiffs
Presented by: Ashley Reid, Scott Venturo LLP, Calgary

- What are psychological damages?
- When can psychological damages be recovered by a plaintiff’s spouse or family member?
- A review of caselaw in the area

Bad Faith and Mental Distress Damages: When an insurer could risk being on the hook
Presented by: Annika Friesen, Fillmore Riley LLP, Winnipeg

- What types of insurance policies may attract mental distress damages? What constitutes a peace of mind policy?
- What type of conduct will and will not be considered a breach of the insurer’s duty to act in good faith?
- What degree of evidence is required to prove mental distress damages?
- Case law examples of successful and unsuccessful claims since Fidler v Sun Life (2006, SCC)

An analysis of the plaintiff’s duty to mitigate their damages in personal injury cases
Presented by: Robert Moss, Blaney McMurtry LLP, Toronto

- What is the duty to mitigate, how does it apply to pecuniary and non-pecuniary loss and how far does it extend?
- A review of pertinent caselaw on the duty to mitigate
- Defence strategies for using mitigation arguments to their advantage

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