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  • Prior administrative proceeding not a “Claim” for the purpose of a “Claims Made” policy

    February 24, 2014 – – Hants Realty Ltd. v. Travelers Guarantee Co. of Canada, 2013 NSSC 195. Hants Realty brought an application to have its insurer, Travelers, assume carriage of the defence of a civil action brought against it by former clients, the Pattens. Travelers denied that it was obligated to respond under the insurance policy on the basis...
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  • How does settlement privilege affect Pierringer Agreements?

    February 24, 2014 – – Sable Offshore Energy Inc. v. Ameron International Corp., 2013 SCC 37. The plaintiff filed a claim against a number of defendants, when paint used on offshore structures failed to prevent corrosion. The plaintiff entered into Pierringer Agreements with some of the defendants, permitting them to withdraw from the litigation upon settlement, but allowed the...
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  • Plaintiff Denied Right to Videotape Medical Examination

    February 24, 2014 – This case involved a Plaintiff who was involved in four separate motor vehicle accidents. Since the Plaintiff and the Defendants did not agree on a certified examiner, physicians were appointed by the Superintendent of Insurance. The Plaintiff then insisted that the examinations be videotaped, while the Defendants took the position that the Plaintiff had no...
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  • The New One Year Limitation Period in Ontario

    January 24, 2014 – Overview In May, 2013, the Ontario Court of Appeal upheld a contractual one year limitation period in a commercial property policy. The Co-Operators denied the claim and when the plaintiffs brought an action against The Co-operators, it was struck out because it was commenced beyond the one year mark as specified in their policy but...
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