Archives

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...

May 19, 2016 – When an Umpire renders a decision under s. 519 of the Insurance Act, RSA 2000, c I-3, his or her decision is subject to judicial review by a Justice of the Court of Queen’s Bench. The grounds for judicial review for such decisions include the following: the Umpire declined, exceeded, or otherwise failed to properly...

January 19, 2016 – In McFaul v Ranch-Lewchuk, 2015 ABQB 706, Shawn R. Sipma of CBM Lawyers successfully opposed an Application by the Plaintiff (and the Administrator of the Motor Vehicle Accident Claims Act) to have the driver of a second unidentified vehicle (the “Proposed Defendant”) added as a new Defendant in an existing personal injury action arising out...

August 20, 2015 – Conradi v Economical Mutual Insurance Company, 2015 ABQB 308 and Burch v Intact Insurance Company, 2015 ABCA 229 both deal with the resolution of ambiguities in insurance contracts.  In Conradi the court resolved the ambiguity against the insurer because the policy was inconsistent in its use of defined terms whereas in Burch the court resolved...