Publications

Blaney McMurtry LLP, Ontario, November 18, 2015 – In its recent decision Carioca’s Import & Export Inc. v. Canadian Pacific Railway, the Ontario Court of Appeal has sent a clear message that the passage of time – albeit egregious – is not sufficient to dismiss an action for delay.  In that case, the Court restored an action to the trial list, despite a...

McKercher LLP, Saskatchewan, October 16, 2015 – Richard Morris, QC of McKercher LLP acted for the successful applicant in a decision clarifying when the limitation period begins to run in Aspen Village Properties Ltd. v. Saskatchewan Government Insurance 2014 SKQB 180. In that application, the question to be decided was whether the owner of a property damaged by fire was required to...

Stein Monast, Quebec, September 17, 2015 – Intact Assurances inc. v. 9221-2133 Québec inc. (Centre Mécatech), 2015 QCCA 916 The insurer’s investigation is an important step in the claims process, which begins as soon as the loss occurs. The Civil Code of Quebec (hereinafter, “C.C.Q.”) states that the insured has certain obligations towards his insurer to facilitate the exercise of investigative power...

SVR Lawyers, Alberta, August 20, 2015 – Conradi v Economical Mutual Insurance Company, 2015 ABQB 308 and Burch v Intact Insurance Company, 2015 ABCA 229 both deal with the resolution of ambiguities in insurance contracts.  In Conradi the court resolved the ambiguity against the insurer because the policy was inconsistent in its use of defined terms whereas in Burch the court resolved...