Archives

October 14, 2016 – In a decision released September 15, 2016 the Supreme Court of Canada ruled on the interpretation of the exclusion found in most all-risk policies for the cost of making good faulty workmanship. The Supreme Court of Canada simplified the analysis, yet narrowed the interpretation of that exclusion clause such that it will likely apply less...

October 13, 2016 – Ferme Vi-Ber inc. v. Financière agricole du Québec, [2016] CSC 34. The Supreme Court had to determine the nature of the plan between Ferme Vi-Ber inc. et al. (the “appellants”) and La Financière agricole du Québec (“La Financière”), to determine whether it could be considered a contract, and if so, whether it is governed by the...

September 16, 2016 – One of the challenges in subrogation claims is identifying all of the potential Defendants.  For example, in a claim alleging a manufacturing defect, the ‘manufacturer’ may have sourced our part or all of the manufacturing process.  This sometimes creates challenges in ensuring that all potential defendants are at the table when litigation commences. In Alberta...

September 16, 2016 – State Farm Mutual Automobile Insurance Company v Aslan et al., 2016 ONSC 2725 In this case, State Farm sought an order to compel each respondent to attend an examination under oath (examination) pursuant to section 33 of the Statutory Accident Benefits Schedule – O. Reg 34/10 (Schedule). At issue was whether State Farm had provided...