Archives

October 24, 2022 – There are a number of situations which might involve the use of a nominee, such as concealing the identity of a building’s true owner. However, the use of a nominee for this purpose is not without certain risks, especially regarding matters of home insurance. The Decision The recent decision rendered by the Superior Court in...

June 09, 2022 – Insurance claims handlers and adjusters are accustomed to defending claims. But there is another side to insurance claims which involves acting as the plaintiff to recover funds paid out to an insured from a liable third party. These subrogation claims have different challenges and risks that must be understood and considered if they are going...

May 25, 2022 – In a general sense, the concept of good faith governs the behaviour of every person. No right may be exercised with the intent of injuring another person or in an excessive or unreasonable manner[1]. In insurance, this criterion becomes even more important, and we might refer to the concept of a “high level of good...

April 19, 2022 – The argument often raised to justify certain decisions of a procedural nature is that the principle of proportionality set out by the legislator in the Code of Civil Procedure (“C.C.P.”) must be upheld. However, we should exercise caution and avoid relying solely on this principle, particularly when deciding whether to appoint a joint expert. At...