Publications

Blaney McMurtry LLP, Ontario, December 12, 2016 – The British Columbia Court of Appeal has now set the record straight about pre-tender defence costs:  If a policy expressly states that an insured must not incur expenses without the insurer’s consent, then the insured will not be entitled to reimbursement for any expenses that were incurred on its behalf prior to notifying the insurer...

McKercher LLP, Saskatchewan, October 14, 2016 – In a decision released September 15, 2016 the Supreme Court of Canada ruled on the interpretation of the exclusion found in most all-risk policies for the cost of making good faulty workmanship. The Supreme Court of Canada simplified the analysis, yet narrowed the interpretation of that exclusion clause such that it will likely apply less...

Donati Maisonneuve, Quebec, October 13, 2016 – Ferme Vi-Ber inc. v. Financière agricole du Québec, [2016] CSC 34. The Supreme Court had to determine the nature of the plan between Ferme Vi-Ber inc. et al. (the “appellants”) and La Financière agricole du Québec (“La Financière”), to determine whether it could be considered a contract, and if so, whether it is governed by the...

CBM LLP, Alberta, September 16, 2016 – One of the challenges in subrogation claims is identifying all of the potential Defendants.  For example, in a claim alleging a manufacturing defect, the ‘manufacturer’ may have sourced our part or all of the manufacturing process.  This sometimes creates challenges in ensuring that all potential defendants are at the table when litigation commences. In Alberta...