Archives

December 14, 2020 – On November 4, 2020, the Court of Appeal rendered its decision in Baig v. Mississauga, which affirmed that it is the knowledge of the material facts which are necessary to support the cause of action that triggers the commencement of the two-year limitation period rather than the knowledge of the extent of damages. Read More

December 14, 2020 – Canadian jurisdictions take three (3) different approaches to the question of the standard of care expected of homeowners or property owners when considering a slip, trip and fall action. These approaches are: occupiers’ liability legislation; the common law of occupiers’ liability; or general principles of negligence. Read More

December 14, 2020 – The COVID-19 pandemic and the restrictions put in place to prevent the spread of the virus have presented challenges to the litigation process. In the face of those challenges, courts across the country have adapted to increase the use of remote communication technology to allow litigation matters to move forward. “Virtual court”, or remote hearings...

November 16, 2020 – In the recent judgment, Partner Reinsurance Company Ltd. v. Optimum Réassurance inc., the Court of Appeal revised the rules of Quebec private international law in a reinsurance framework. Partner Reinsurance Company Ltd. (“Partner Re”), signed a reinsurance and retrocession contract with Optimum Réassurance inc. (“Optimum”). Several of the insured parties and risks covered are located in...