Publications

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  • Preventing and Detecting Employee Fraud

    SVR Lawyers, Alberta, May 26, 2021 –Whether or not a company has experienced an employee fraud, it is important that management and those charged with governance consider the risk of fraud for the organization and the appropriate measures to put in place to mitigate those risks. These measures will address both prevention and the timely detection of fraud to minimize any...
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  • Nullity Ab Initio of the Insurance Contract: Importance of the Initial Declaration of Risk

    Stein Monast, Quebec, May 26, 2021 –The Superior Court recently ruled on the notion of nullity ab initio of the insurance contract in Croteau (Succession de Roy) v. TD Compagnie d’assurance-vie, 2020 QCCS 3539. After underscoring the principles applicable and the importance of the initial declaration of risk, the Court ruled in favour of the insurer. Read More (en français)
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  • Divided Co-Ownerships: Who Must Insure What?

    Stein Monast, Quebec, May 26, 2021 –The Divided co-ownership regime under the Civil Code of Québec (“C.C.Q.”) has undergone major amendments in recent years. This follows the passing and approval of Bill 1411 (“the Act”) on June 13, 2018. In particular, these changes target the obligations incumbent on co-ownership syndicates as well as co-owners in terms of insurance. Although some of these...
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  • Insurers Beware: The Perils of Limitation of Liability Clauses in Subrogated Claims

    Blaney McMurtry LLP, Ontario, May 25, 2021 –An insurer’s right of subrogation is one of the cornerstones of a contract of insurance. Once the insurer has indemnified the insured, the right of subrogation allows the insurer to “step into the shoes of the insured” and claim against the relevant third party in order to recoup some or all of the indemnity payments...
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