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October 25, 2019 – This July, the Ontario Court of Appeal released a unanimous decision holding that the limitation period to enforce a claim for indemnity for business interruption loss (“BI”) begins to run from the date of the underlying loss. In so holding, the Court declined to follow a well-established body of caselaw in the western provinces to...

September 20, 2019 – In two recent decisions of the British Columbia Court of Appeal, the Court has reversed the trend in awarding special costs against an insurer which unsuccessfully contests a duty to defend, choosing to not follow The Ontario and Newfoundland courts of Appeal, setting the stage for forum shopping by litigants in coverage disputes and a...

June 25, 2019 – As a result of the Cannabis Act, cannabis was legalized on October 17, 2018. Prior to that, cannabis was regulated under the Controlled Drugs and Substances Act. There was, however, a legal exemption for the medical use of cannabis. Despite the recent legalization of cannabis, a framework for access to cannabis for medical purposes still...

June 25, 2019 – Dupras v. Municipalité de Ripon, 2019 QCCQ 714 – Ms. Ginette Dupras (“Ms. Dupras” or “the Plaintiff”) claimed $15,000 from the municipality of Ripon (the “municipality,” “Ripon” or “the Defendant”) following an accident that occurred on a hill the municipality had set up for the purpose of sledding. Key issues of contention involved determining whether the municipality...