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July 31, 2012 – SSQ, société d’assurances générales inc. v. Alain Crytes, (C.Q., Maniwaki, No. 565-22-000081-089), 2012 march, 12, Fournier J. In the context of an action seeking sanctions for misrepresentation, the Court of Quebec has recognized that statements made by the insured during a polygraph test can be used as evidence. On March 21, 2012, Judge Fournier ruled,...

July 14, 2012 – There has been a lot of commentary in the media about naïve Canadians inadvertently failing to provide full disclosure on their applications for travel and disability insurance.  A CBC Marketplace episode highlighted a number of situations where people completed insurance applications, thinking they were covered in case of illness or medical expenses.  In the broadcast,...

June 14, 2012 – INTRODUCTION The Ontario Court of Appeal’s January decision in Jones v. Tsige 2012 ONCA 32 recognized the tort of “intrusion upon seclusion”  as a cause of action in Ontario. This decision may have significant  implications for policyholders and  insurers. Formal recognition of the tort in Ontario marks a significant legal development.  However, American jurisdictions have...

May 14, 2012 – After fielding a team in the Can-Am League during the 2008 season, Rapidz Baseball advised the League that it would not operate the following year and requested a voluntary withdrawal based on financial hardship. The League rejected the application after holding an arbitration hearing before the League’s Board, terminated the team’s membership and drew down...