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  • No More than What they Bargained For: Ontario Court of Appeal rejects All Sums Approach to Defence Costs

    Cox & Palmer, New Brunswick, September 16, 2024 – On February 27, 2024, the Ontario Court of Appeal released its decision in Loblaw Companies Limited v Royal & Sun Alliance Insurance Company of Canada, 2024 ONCA 145. With new assurance that an insurer’s duty to defend only applies to the time and risk that an insurer agreed to cover, Loblaw v RSA will be welcomed by commercial...
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  • Legislative Interpretation of Pre-Judgment Interest in Jackson v. Cooper

    SVR Lawyers, Alberta, September 16, 2024 – In the recent case of Jackson v. Cooper, 2024 ABCA 272, the Alberta Court of Appeal addressed the issues related to the application of pre-judgment interest under the Judgment Interest Act, providing clarity for insurers for implications related to sums awarded to plaintiffs. Background of the Case The dispute in Jackson v. Cooper arose from...
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  • Dogged Defence Prevails at WSIAT Hearing

    Kelly Santini LLP, Ontario, July 30, 2024 – Kelly Santini’s Shawn O’Connor represented a film producer in a personal injury action brought by an actor in the film who suffered a dog bite on the film set during filming. After a two-day hearing before the Workplace Safety and Insurance Tribunal we were successful in obtaining a declaration that the actor was a worker...
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  • Avoiding Affirmation: Preserving Rights Following Misrepresentation

    Fillmore Riley LLP, Manitoba, July 30, 2024 – In May 2016, a company called Land Pride gave notice of a liability claim arising from a water breach caused while it was conducting demolition work in a building.  Land Pride was subcontracted for the work to a contractor called G.E.S, who was an Additional Insured under Land Pride’s policy, and who was also the...
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