Archives

March 27, 2023 – Click below to download a PFD of the article. Prove it! The British Columbia Court of Appeal Confirms the Tripartite Test for Future Loss of Earning Capacity Claims Must be Met in Full In the New Brunswick Court of Appeal’s seminal case of Vincent v Abu-Bakare, 2003 NBCA 42, Chief Justice Drapeau, as he then...

March 27, 2023 – In Abbas v. Esurance Insurance Company of Canada, the Alberta Court of Appeal recently confirmed that the “fraudulent claims rule” is still alive and well in Alberta. The Court resolutely stated that “an insured who files a fraudulent proof of loss under that circumstance is not entitled to a single dime from the insurer.” After...

February 24, 2023 – As multi-party litigation continues to expand with ever more parties and issues, the increasing cost of trials is driving the resolution of most actions. Canadian courts have developed a number of mechanisms to help parties come to a partial settlement which relieves some of the parties of the risks and costs of proceeding to trial....

February 24, 2023 – Recent changes to the rules about reviving a corporation will be of particular interest to insurers. While a corporation that has been struck from the corporate record likely will not have much in the way of financial contribution, it could uncover additional insurance coverage that could contribute to a settlement or resolution. Read More