Publications

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...

Donati Maisonneuve, Quebec, May 19, 2016 – Rosenstein v. Guarantee Company of North America, 2015 QCCS 5672 An insurer that suffers harm linked with its duty to defend following a late notice of loss cannot be forced to assume the defence or costs related to the defense of the insured. On May 15, 2005, Kathryn Rosenstein and Hagop Artinian (the “parents”) instituted,...

Donati Maisonneuve, Quebec, May 19, 2016 – Grigoryan v. Commission scolaire de la Pointe-de-l’Île, 2015 QCCQ 10860 Just like a baseball bat or a hockey puck, a child’s shovel may be used by children for amusement purposes, especially in a school environment, as long as conditions for safe use are developed, communicated, and respected. On February 10, 2010, during recess period at...