Publications

Blaney McMurtry LLP, SVR Lawyers, Alberta, Ontario, November 30, 2022 –In a world of complex contractual relationships, the allocation and transfer of risk requires parties turn their minds to issues of insurance. Nowadays, both custom and standard-form contracts frequently require one party to purchase insurance for the other as a requirement of doing business. Affording coverage to an “additional insured” is a common part of...

SVR Lawyers, Alberta, November 23, 2022 –Pre-judgment interest is an important issue for insurers because it can often significantly alter the sums awarded to plaintiffs depending on the length of time between the loss and the judgment. Within the last two years, an amendment to the Insurance Act has raised new considerations regarding the calculation of pre-judgment interest. One of the...

SVR Lawyers, Alberta, November 23, 2022 –The Ontario Superior Court of Justice has recently ruled in Attree v Waye, 2022 ONSC 4195, that Plaintiffs are not required to disclose particulars of prior settlements. The Plaintiff in this case was involved in a slip and fall in July 2012 in which he was allegedly overserved alcohol at a wedding and fell. The...

SVR Lawyers, Alberta, November 23, 2022 –In D’Andrea v. Economical Mutual Insurance Company, 2022 ABCA 337, an insurance company, Economical, appealed a trial decision that awarded the insured plaintiff (the “Insured”) coverage under her SEF 44 policy for being struck by her own vehicle that was in the process of being stolen. The Insured was injured when she attempted to stop...