Archives

October 03, 2023 – Any misrepresentation or concealment of facts concerning the risk to be insured can lead to nullity of the insurance policy[1], also known as nullity ab initio. However, in the case of deceitful representation of a loss, the consequence is forfeiture of the right to an insurance indemnity[2], although the insurance policy remains valid. In a...

August 29, 2023 – Pursuant to Statutory Condition 11, certain questions related to valuation in a first party claim may be addressed through “dispute resolution” (formerly known as “appraisal”).  This article examines a number of recent Manitoba decisions which may be of interest, including a decision which considers the interplay between dispute resolution and limitation periods and decisions which...

July 26, 2023 – On March 9, 2023, the Hon. Jacques G. Bouchard, J.C.S. dismissed an appeal in warranty brought by the Attorney General of Québec (the “AGQ”), in right of Québec’s Ministry of Transport, Sustainable Mobility and Transport Electrification (the “MTQ”), against its design engineer, WSP Canada Inc. (“WSP”) in connection with a project to replace culverts on...

July 26, 2023 – It is common practice to include a hypothecary security clause in a home insurance policy at the request of the creditor. Such a clause constitutes a separate contract between the insurer and the hypothecary creditor, which may enjoy more extensive coverage to protect its interest in the property. Accordingly, any provisions of the insurance policy...