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April 27, 2024 – As you step out of your vehicle, your foot skids across a treacherous icy surface, causing you to slip and fall and injure yourself. Instead of meeting your friends for dinner, you end up in the emergency room. This type of incident is not uncommon in the Canadian winter climate, and can often lead to...
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April 27, 2024 – By virtue of its lengthy decision in Loblaw Companies Limited v. Royal & Sun Alliance Insurance, the Ontario Court of Appeal has weighed in on, among other things, the allocation of defence costs for claims spanning multiple policy periods, with multiple insurers. Although this decision largely depended on the particular wording of the policies at issue,...
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April 27, 2024 – Though it reads as a clarification of the operation of a statute, the Supreme Court of Prince Edward Island’s recent decision in Field v Aviva Insurance Company carries with it the potential to impact auto insurance throughout the province. Those most directly affected are insurers and workers injured in the course of employment when the...
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March 21, 2024 – Recently, personal injury claims involving mental injury have been on the rise. Part of the reason for this is the 2017 Supreme Court of Canada (“SCC”) decision in Saadati v Moorhead, which defined the proof required in mental injury claims. Prior to Saadati Courts often required claimants to lead Expert testimony confirming that the claimant...