• Voluntary Payment Clauses and Pre-Tender Expenses

    Fillmore Riley LLP, Saskatchewan, September 27, 2022 –Readers of this newsletter may be aware that liability insurance policies commonly impose, by written condition, obligations on the insured to given timely notice of a claim, to cooperate with the insurer’s defence of a claim and, by way of ‘voluntary payment clause’, provide that any expense the insured may incur without the consent of...
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  • The Applicability of the Absolute Pollution Exclusion Clause in Canada

    CBM LLP, Alberta, August 29, 2022 –The “absolute pollution exclusion” clause contained within CGL policies has historically been limited to “preclude coverage for the cost of government-mandated environmental cleanup under existing and emerging legislation making polluters responsible for damage to the natural environment.”[1] While the case law is not settled on the matter, it appears the Courts have recently broadened the...
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  • Waivers and Assumption of Risk No Defence to Fatal Accidents Act Claims in PEI

    Cox & Palmer, Prince Edward Island, July 14, 2022 –The recent decision in Stevens v. Oyster Bed sheds light on the efficacy of waiver/assumption of risk forms in fatal accidents on Prince Edward Island.[1] Background In Stevens v. Oyster Bed, Mr. Stevens tragically passed away following a stock car race accident. An action was commenced under the Fatal Accidents Act (FAA) by the surviving spouse, on behalf of the...
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  • Pay Now Or Pay Later: Expert Reports, Costs, And Changes To The Rules Of Civil Procedure

    Kelly Santini LLP, Ontario, July 14, 2022 –Expert Reports have an important impact on the development of a matter. They often assist in quantifying damages and determining and defining key issues for trial. Plaintiff’s expert reports often assist the Defendant in knowing the case to meet. Expert evidence has a very important role in litigation, and it is important that we know...
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