Archives

February 16, 2017 – Fortin v. Humania, compagnie d’assurances inc., [2016] QCCQ 12079. The Court was asked to rule on a claim filed by Jean-Niel Fortin (“Fortin”) regarding his right to compensation under a disability insurance policy issued by Humania, compagnie d’assurances inc. (“Humania”) in the event of an accident and his right to compensatory damages. Read more.

February 16, 2017 – As of January 1, 2017, Rule 22 of the New Brunswick Rules of Court for ‘Summary Judgment’ was repealed and replaced. Rule 22 for Summary Judgment has now been transformed from a means to weed out unmeritorious claims to a significant alternative model of adjudication. When faced with a lawsuit, a Summary Judgment Motion is...

February 16, 2017 – Unifund Assurance Company v Churchill, 2016 NLCA 73 In this case, the Newfoundland & Labrador Court of Appeal considered the scope of the implied undertaking rule in circumstance involving an independent medical examination. Churchill, who was injured in a motor vehicle accident, commenced a tort claim against the other driver. He also claimed, and initially...

January 20, 2017 – Maison Jean-Yves Lemay Assurances Inc. v. Bar et spectacles Jules et Jim Inc. 2016 QCCA 1494 The Court of Appeal was recently asked to rule on the obligations and responsibilities of brokers and appraisers in the context of a damage insurance policy renewal and following, among other faults, a mistake in the valuation of the...