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McKercher LLP, Saskatchewan, August 20, 2015 – Recently, the Ontario Court of Appeal released its decision in Unifund Assurance Company v. D.E., 2015 ONCA 423 (companion appeal: C.S. v. TD Home and Auto Insurance Company, 2015 ONCA 424). Briefly stated, the respondents, D.E. and L.E., had a homeowners’ insurance policy that allowed for liability coverage if their personal actions caused unintentional bodily...
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Blaney McMurtry LLP, Ontario, July 14, 2015 – Climate Change and Liability Insurance While property insurance has been at the forefront of insurers’ concerns resulting from climate change, liability insurance will also very probably be affected. As the effects of climate change become increasingly apparent, insurers can anticipate a corresponding increase in the number of claims. Not only may the volume of claims...
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CBM LLP, Alberta, July 13, 2015 – In Phillips v Whyew, 2015 ABQB 365, Debra Woodske of CBM Lawyers successfully defended the appeal of the decision from her 2014 Master’s Special Chambers application to strike a claim for want of prosecution. The original application arose from a personal injury claim first filed in 2006 and was brought pursuant to Rule 4.33 of... -
McKercher LLP, Saskatchewan, July 13, 2015 – The Saskatchewan Court of Appeal released its decision in the monumental case of Branco v. American Home Assurance Company et al., 2015 SKCA 71, on June 19, 2015. At trial, the Saskatchewan Court of Queen’s Bench awarded Mr. Branco $4.5 million in punitive damages and $450,000 in aggravated damages as a result of a disability...
