Archives

October 27, 2014 – 9124-4541 Québec Inc. et al. v. Intact compagnie d’assurance et al., 2014 QCCS 42501 After a fire damaged a poultry-processing plant not long before a backflow of water overtook the plaintiffs’ administrative offices, the latter, unhappy with the amount they received from their insurer, claimed additional compensation totalling just over 8 million dollars for damages to...

September 22, 2014 – Expert evidence is getting considerable judicial attention recently. There is considerable concern that experts are not fulfilling their role as unbiased providers of assistance to the courts, and several Canadian jurisdictions have tackled the concerns in recent revisions to court rules. Examples include Ontario rule 53.03 and B.C. rule 11. Read more.

September 16, 2014 – This article examines prevalent issues stemming from the “tripartite” relationship, which often arises when an insurer retains legal counsel to defend a court action against its insured or to pursue a subrogated action.  Generally speaking, the “tripartite” relationship refers to the relationship among an insurer, its insured and legal counsel retained by the insurer.  As...

July 16, 2014 – Introduction If you have been handling personal injury claims for any length of time you have acquired a basic knowledge of the law of damages. You innately know what a plaintiff needs to prove to recover damages and what steps can be undertaken by the defence to attack the plaintiff’s damages claims. However, in my...