Archives

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...

January 20, 2017 – Ledcor Construction Ltd. v. Société d’assurance d’indemnisation Northbridge, 2016 SCC 37 Station Lands Ltd. (“Station Lands”), the owner of an office building that was recently constructed in Edmonton, and Ledcor Construction Limited (“Ledcor”), the general contractor responsible for erecting the building (collectively, the “Insureds”), are appealing a judgment by the Alberta Court of Appeal where...

January 19, 2017 – Every day, experts prepare reports for lawyers so that they can be qualified to give expert opinion evidence at trial.  Almost all these experts are insured under errors and omissions policies.  Many of these experts are indirectly retained by insurance companies.  Most of the experts never give evidence at trial.  But their reports are relied...