Archives

June 15, 2017 – The Ontario Court of Appeal recently released their decision in Carter v Intact Insurance Co. This is an important case for both property owners and insurers. The case confirms the approach that Canadian courts will take when assessing disputes between Insurers and property owners in regards to building replacement insurance. Background The appellants in the...

January 19, 2017 – The Defence Wins – Nanette Kufeldt and Kunal Nand successfully appealed the decision of a Master dismissing a Summary Judgment Application. The Court of Queen’s Bench set aside the Master’s decision and dismissed the Plaintiff’s Action against the Directors of his corporate employer for injuries arising from a work-related accident. Read more.

September 16, 2016 – One of the challenges in subrogation claims is identifying all of the potential Defendants.  For example, in a claim alleging a manufacturing defect, the ‘manufacturer’ may have sourced our part or all of the manufacturing process.  This sometimes creates challenges in ensuring that all potential defendants are at the table when litigation commences. In Alberta...

July 24, 2016 – Since 2012, all class action securities litigation claims that have been brought in Canada have been for statutory secondary market cases (SSM cases).1  Accordingly insurers and brokers ought to have a keen understanding of SSM cases when discussing directors and officers liability insurance limits with prospective insureds. Essentially, SSM claims are a statutory creature and...