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Interpretation of the Term, “Insurance Policy” – Do Canada Pension Plan Benefits Qualify as Disability Benefits from an “Insurance Policy?”

April 19, 2017 – Sabean v. Portage La Prairie Mutual insurance Co., 2017 SCC 7 Sabean was awarded $465,400 for injuries suffered in an automobile accident. However, only $382,000 was recovered from the at-fault driver’s insurer. As a result, Sabean claimed $83,400 from his own insurer, Portage La Prairie Mutual Insurance Company (“Portage”), under a rider offering supplemental protection....

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Travel Insurance – Trip Cancellation – Mechanical Problem with the Aircraft – Transportation Delayed – Interpretation of the Trip’s “Point of Departure”

April 19, 2017 – Avon v. SSQ, société d’assurance-vie inc., 2016 QCCQ 13067 Pierre Avon (“Avon”) purchased a pair of tickets for a cruise that was set to sail out of Fort Lauderdale. When the aircraft operated by Allegiant Air experienced mechanical problems, his flight was delayed by around 18 hours, and he reached Fort Lauderdale too late. Avon...

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Incomplete Communication of the Director of Criminal and Penal Prosecutions’ file to the Accused – Civil Liability of the Crown Prosecutors – The Crown Prosecutors Knowingly Withheld a Relevant Piece of Evidence in the Context of a Criminal Charge.

March 14, 2017 – Roy v. Québec (Attorney General), 2016 QCCS 5475 The plaintiff was accused of driving under the influence and being above the legal alcohol limit. Less than two months later, criminal charges were brought against him, but proceedings were stayed four years after the charges were laid. He then instituted legal action for damages against the...

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A Dental Surgeon Changes his Work Pace Following a CVA – Partial Disability Insurance Benefits – Definition of Partial Disability

March 14, 2017 – Cadotte v. Industrielle Alliance assurances et services financiers, 2016 QCCS 5603 The Court had to decide whether Dr. Louis Cadotte (“Dr. Cadotte”) should continue to collect partial disability insurance benefits from his insurer, Industrielle Alliance assurances et services financiers (“Industrielle”). Accordingly, it had to decide whether or not Dr. Cadotte was still living with a...

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Archives

Interpretation of the Term, “Insurance Policy” – Do Canada Pension Plan Benefits Qualify as Disability Benefits from an “Insurance Policy?”

Travel Insurance – Trip Cancellation – Mechanical Problem with the Aircraft – Transportation Delayed – Interpretation of the Trip’s “Point of Departure”

Incomplete Communication of the Director of Criminal and Penal Prosecutions’ file to the Accused – Civil Liability of the Crown Prosecutors – The Crown Prosecutors Knowingly Withheld a Relevant Piece of Evidence in the Context of a Criminal Charge.

A Dental Surgeon Changes his Work Pace Following a CVA – Partial Disability Insurance Benefits – Definition of Partial Disability

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