Publications

Donati Maisonneuve, Quebec, February 17, 2016 – Bouchard v. Promutuel du Lac au Fjord, 2015 QCCS 5202 The Court granted a motion for permission to conduct an examination on discovery of third parties in the context of a claim for damages. The defendant, Promutuel du Lac au Fjord (hereinafter, “Promutuel”), refused to indemnify the plaintiff, Stéphane Bouchard (hereinafter, “Bouchard”), after his vehicle...

Donati Maisonneuve, Quebec, February 17, 2016 – Lamy v. Sun life du Canada, compagnie d’assurance-vie, 2015 QCCA 1821 The trial judge was not wrong to prefer the expert report presented by the insurer over the medical attestations of the insured’s attending physician, or to conclude that the insured was not completely disabled as defined in the insurance policy. Read more

Cox & Palmer, January 22, 2016 – Treatment of income loss relating to business interests The present article deals with the potential treatment by the Courts of claims by plaintiffs alleging a loss of income relating to the plaintiff’s ownership interest as a shareholder in a closely held incorporated business1. In such scenarios, the plaintiff is often not only a major shareholder...

CBM LLP, Alberta, January 19, 2016 – In McFaul v Ranch-Lewchuk, 2015 ABQB 706, Shawn R. Sipma of CBM Lawyers successfully opposed an Application by the Plaintiff (and the Administrator of the Motor Vehicle Accident Claims Act) to have the driver of a second unidentified vehicle (the “Proposed Defendant”) added as a new Defendant in an existing personal injury action arising out...