Archives

April 19, 2017 – Avon v. SSQ, société d’assurance-vie inc., 2016 QCCQ 13067 Pierre Avon (“Avon”) purchased a pair of tickets for a cruise that was set to sail out of Fort Lauderdale. When the aircraft operated by Allegiant Air experienced mechanical problems, his flight was delayed by around 18 hours, and he reached Fort Lauderdale too late. Avon...

April 19, 2017 – Are payments offered through a conciliation process designed to make moral amends covered by commercial general liability (CGL) insurance?  Such was the novel issue considered by the New Brunswick Court of Queen’s Bench in L’Évêque Catholique Romain de Bathurst v. Aviva Insurance Company of Canada and Co-Operators General Insurance Company (intervenor), 2016 NBQB 174. Read More

April 19, 2017 – Downer v Pitcher, 2017 NLCA 13 In this case, the Newfoundland and Labrador Court of Appeal considered the validity and enforceability of a full and final release involving two unrepresented individuals. Read More

March 14, 2017 – Introduction Generally, the rules of civil procedure mandate broad disclosure during the discovery process. The “rationale behind a broad discovery process is that it advances the due administration of justice” and helps to narrow the scope of the dispute by disclosing all of the fundamental issues.1 Broad disclosure rules also serve to reduce surprise, “leading...