Publications

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  • Avoiding Affirmation: Preserving Rights Following Misrepresentation

    Fillmore Riley LLP, Manitoba, July 30, 2024 – In May 2016, a company called Land Pride gave notice of a liability claim arising from a water breach caused while it was conducting demolition work in a building.  Land Pride was subcontracted for the work to a contractor called G.E.S, who was an Additional Insured under Land Pride’s policy, and who was also the...
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  • Damage Awards Jeopardy – Chronic Pain and Psychological Damages Claims

    Blaney McMurtry LLP, CBM LLP, Donati Maisonneuve, Fillmore Riley LLP, Lindsay LLP, Alberta, British Columbia, Manitoba, Ontario, Quebec, June 14, 2024 – Our panel of RMC lawyers from across Canada explore how damage awards for chronic pain and psychological injuries are treated in different jurisdictions. During the webinar, panelists present five recent case examples from the Courts. Each case will conclude with a discussion on how other jurisdiction would likely treat a claim with similar facts.  ...
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  • Slip and fall or motor vehicle accident? An issue of jurisdiction

    Fillmore Riley LLP, Manitoba, April 27, 2024 – As you step out of your vehicle, your foot skids across a treacherous icy surface, causing you to slip and fall and injure yourself. Instead of meeting your friends for dinner, you end up in the emergency room. This type of incident is not uncommon in the Canadian winter climate, and can often lead to...
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  • No choice but to share: Ontario Court of Appeal rules on defence costs allocation for long-tail claims, other coverage issues

    Fillmore Riley LLP, Manitoba, April 27, 2024 – By virtue of its lengthy decision in Loblaw Companies Limited v. Royal & Sun Alliance Insurance, the Ontario Court of Appeal  has weighed in on, among other things, the allocation of defence costs for claims spanning multiple policy periods, with multiple insurers. Although this decision largely depended on the particular wording of the policies at issue,...
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