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March 17, 2021 – Introduction Relief against forfeiture is a remedy in insurance coverage disputes that has existed for generations but has recently grown both in its prominence and application through a series of decisions of the Ontario Court of Appeal. It has now started to gain footholds in other jurisdictions across the country as well. If a policy...
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February 24, 2021 – When a company first becomes aware of financial irregularities in its business, the first reaction is usually to get to the bottom of the concerns. When the issue is suspected fraud, the increased sensitivity needs a quicker response. In those cases, the company may expose itself to increased risk if the next steps are not...
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January 22, 2021 – 9241-1842 Québec Inc. v. Peel Properties Inc., 2020 QCCS 2894 The insurer’s obligation to defend continues to be a subject of interest; a recent Superior Court case reviewed the principles developed by the courts over the years. The following is a summary of this case prepared by Jessica Gauthier and Nicolas Dubé. The Superior Court...
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January 22, 2021 – COVID-19 has brought unprecedented change and uncertainty into our lives and raised a number of questions for business-owners. For example, can a business be held liable if a patron or employee contracts COVID-19 while at their premises, despite the business’ good-faith efforts to prevent its transmission? What can be done to protect businesses from this potential...