• The Innocent Insured Amendment

    Fillmore Riley LLP, Manitoba, October 27, 2021 –Long time readers of articles on this website will be aware that in the late 2000s to early 2010s, substantial amendments were enacted to the insurance legislation in various provinces including B.C., Alberta and Manitoba.  This article addresses one such amendment – the innocent insured amendment.  Recent cases show that insureds are leveraging the innocent...
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  • Modern Approaches to Old Remedies – Recent Developments in Relief Against Forfeiture – Webinar Recording

    Cox & Palmer, Fillmore Riley LLP, Lindsay LLP, British Columbia, Manitoba, New Brunswick, June 23, 2021 –In recent years, plaintiff counsel have been increasingly applying to the Courts for relief from forfeiture when their client’s insurance claim has been denied. In this RMC webinar, lawyers from across Canada explain when relief from forfeiture can be granted by the Courts and how insurance adjusters and claims handlers should handle files that could...
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  • Multi-Risk Policies and Finding Coverage for the Consequences of Faulty Workmanship

    Fillmore Riley LLP, Manitoba, December 14, 2020 –The extent to which the “faulty workmanship” exclusion operates to remove from coverage damage closely related to such work has long vexed insurers, policyholders and the courts. Earlier this year, the Alberta Court of Appeal considered such an issue in Condominium Corporation No. 9312374 v Aviva Insurance Company of Canada, 2020 ABCA 166. At issue...
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  • Videoconference witnessing and executing of legal documents during a pandemic

    Fillmore Riley LLP, Manitoba, October 26, 2020 –A crucial aspect of a lot of legal work — the execution of prescribed documents — has long involved face-to-face contact because of prescribed witnessing requirements. While our team of lawyers has remained available to attend to crucial in-person document executions throughout the COVID-19 pandemic while respecting physical distancing rules, this face-to-face signing was not...
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