Archives

November 23, 2022 – The Ontario Superior Court of Justice has recently ruled in Attree v Waye, 2022 ONSC 4195, that Plaintiffs are not required to disclose particulars of prior settlements. The Plaintiff in this case was involved in a slip and fall in July 2012 in which he was allegedly overserved alcohol at a wedding and fell. The...

November 23, 2022 – In D’Andrea v. Economical Mutual Insurance Company, 2022 ABCA 337, an insurance company, Economical, appealed a trial decision that awarded the insured plaintiff (the “Insured”) coverage under her SEF 44 policy for being struck by her own vehicle that was in the process of being stolen. The Insured was injured when she attempted to stop...

November 16, 2022 – Disagreements over future earnings, future capacity and future cost of case can be major stumbling blocks when trying to settle a claim. In the webinar for insurance claims handlers and adjusters, RMC lawyers from New Brunswick, Ontario and Alberta discuss the principles used to assess these claims, recent trends in awards from the courts and...

August 29, 2022 – The “absolute pollution exclusion” clause contained within CGL policies has historically been limited to “preclude coverage for the cost of government-mandated environmental cleanup under existing and emerging legislation making polluters responsible for damage to the natural environment.”[1] While the case law is not settled on the matter, it appears the Courts have recently broadened the...