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March 25, 2025 – Quebec’s principles of insurance claims for latent defects have been firmly established for over a decade. However, insurers frequently receive claims or questions from policyholders about potential claims. This creates headaches for insurers and policyholders, because of the fine distinction between latent defects and consequential damages. Each and every claim is unique, which means that...

February 26, 2025 – Click here to download a copy of the article. Near the end of 2024, the New Brunswick Court of King’s Bench delivered the ruling in Trainor v DeArcos, 2024 NBKB 158, which provides interesting insights into the assessment of causation and damages in a personal injury claim. This decision addresses several concepts that are prevalent...

January 20, 2025 – Canada has two federal statues that address personal privacy. The Privacy Act governs the collection, use, and disclosure of personal information by public organizations. The Personal Information Protection and Electronic Documents Act (PIPEDA) governs the collection, use, and disclosure of personal information by organizations in the course of commercial activities. Alberta has a provincial statute...

January 20, 2025 – Two recent decisions, released together, Aubin v. Synagogue and Jewish Community Centre of Ottawa (Soloway Jewish Community Centre), 2024 ONCA 615  (“Aubin”) and Henry v Zaitlen, 2024 ONCA 614 (“Henry”) from the Ontario Court of Appeal have updated the approach for calculating prejudgment interest for non-pecuniary damages in personal injury actions. In both cases, the...