Publications

Donati Maisonneuve, Quebec, June 17, 2016 – Forest v. Industrielle Alliance (L’), assurances et services financiers inc., 2016 QCCS 497 After eight days of hearings over which many experts were heard, and where medical reports and a video surveillance recording were produced, the insured testified in a wheelchair, wearing sunglasses, while “wrapped” in a sleeping bag. The Court concluded that the insurer...

Fillmore Riley LLP, Manitoba, May 19, 2016 – What is the meaning of “faulty workmanship” in the context of a homeowners’ policy?  This was the question addressed by the Ontario Court of Appeal in Monk v. Farmers’ Mutual Insurance Company (Lindsay), 2015 ONCA 911. In 2008, the insured homeowner hired a contractor to restore the exterior of her log home.  The restoration work...

SVR Lawyers, Alberta, May 19, 2016 – When an Umpire renders a decision under s. 519 of the Insurance Act, RSA 2000, c I-3, his or her decision is subject to judicial review by a Justice of the Court of Queen’s Bench. The grounds for judicial review for such decisions include the following: the Umpire declined, exceeded, or otherwise failed to properly...

Kelly Santini LLP, Ontario, May 19, 2016 – Stephen Appotive and Crystal Schulz of Kelly Santini LLP successfully represented the defendants in Powell v Dowsley 2016 ONSC 1951 when the plaintiffs sued for damages of $350,000 for loss of enjoyment from the property. The defendants had installed an outdoor wood burning furnace to heat their home.  The plaintiffs claimed that smoke from the...