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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...

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...

January 04, 2021 – The Superior Court recently ruled on the interpretation of wording pertaining to protections included in a Commercial Crime Insurance Policy following a claim in connection with a fraudulent e-mail and invoicing scheme. Why did she rule that Computer Fraud and Funds Transfer Fraud was not covered by the policy in this case? Here is a...

December 14, 2020 – The extent to which the “faulty workmanship” exclusion operates to remove from coverage damage closely related to such work has long vexed insurers, policyholders and the courts. Earlier this year, the Alberta Court of Appeal considered such an issue in Condominium Corporation No. 9312374 v Aviva Insurance Company of Canada, 2020 ABCA 166. At issue...