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November 25, 2019 – Rizqy v. Échelon, compagnie d’assurances générales, 2019 QCCQ 2073. This dispute occurred between Zakaria Rizqy (hereinafter, “the plaintiff” or “Mr. Rizqy”) and Échelon, Compagnie d’assurances générales (hereinafter, “the defendant” or “Échelon”) when Echelon refused to indemnify the plaintiff after his vehicle was presumed to have caught fire. In this case, the main issues involved knowing whether Mr....

October 29, 2019 – Just recently, the Court of Appeal had to consider once again the notions of “loss of the work” and of “poor workmanship” within the meaning of Sections 2118 and 2120 of the Civil Code of Québec (“C.c.Q.”), outlining their distinctiveness1. FACTS In this instance, the Applicant, Société des vétérans polonais de guerre du Maréchal J....

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...