Archives

October 16, 2015 – Richard Morris, QC of McKercher LLP acted for the successful applicant in a decision clarifying when the limitation period begins to run in Aspen Village Properties Ltd. v. Saskatchewan Government Insurance 2014 SKQB 180. In that application, the question to be decided was whether the owner of a property damaged by fire was required to...

September 17, 2015 – Intact Assurances inc. v. 9221-2133 Québec inc. (Centre Mécatech), 2015 QCCA 916 The insurer’s investigation is an important step in the claims process, which begins as soon as the loss occurs. The Civil Code of Quebec (hereinafter, “C.C.Q.”) states that the insured has certain obligations towards his insurer to facilitate the exercise of investigative power...

August 20, 2015 – Conradi v Economical Mutual Insurance Company, 2015 ABQB 308 and Burch v Intact Insurance Company, 2015 ABCA 229 both deal with the resolution of ambiguities in insurance contracts.  In Conradi the court resolved the ambiguity against the insurer because the policy was inconsistent in its use of defined terms whereas in Burch the court resolved...

August 20, 2015 – In Alberta Residential Corporation v Certain Lloyd’s Underwriters, 2015 ABCA 195, CBM Lawyers, acting as Intervenors, along with the Respondents, successfully opposed an Appeal brought by the Insurer for a condominium board. The question that was put to the Court of Appeal was whether the condominium board’s Insurer was obligated to insure property that was...