• 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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  • Update on Changes to Limitation Periods During COVID-19 in Each Canadian Province

    Blaney McMurtry LLP, CBM LLP, Cox & Palmer, Donati Maisonneuve, Fillmore Riley LLP, Kelly Santini LLP, Lindsay LLP, McKercher LLP, Stein Monast, Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland & Labrador, Nova Scotia, Ontario, Prince Edward Island, Quebec, Saskatchewan, January 27, 2022 –COVID-19 led to the suspension of limitation periods in many Canadian provinces.  Below you will find the details on how the pandemic impacted limitation periods in each province. Updated January 2022 Alberta Suspension of Limitation Periods During COVID-19 in Alberta In Alberta, limitations were suspended from March 17, 2020 to June 1, 2020, pursuant to...
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  • Manitoba’s new Limitations Act easier to understand and more aligned with other provinces’ limitation laws

    Fillmore Riley LLP, Manitoba, January 20, 2022 –On May 20, 2021, Bill 51, which proposed to repeal and replace The Limitations of Actions Act of 1987, received Royal Assent. The Limitations Act will not come into effect until September 30, 2022. This new framework will bring Manitoba in line with other provinces that long ago replaced their limitation laws with simplified versions that rely on the...
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  • 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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