Publications

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  • Potential Effects of Climate Change on Liability Insurance

    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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  • Appeal of Master’s Special Chambers Ruling Successfully Defended

    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...
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  • Saskatchewan Court of Appeal reduces Punitive and Aggravated Damages Award in Disability Insurance Claim

    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...
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  • Under 21 and “In the Care of”: Who Qualifies?

    Fillmore Riley LLP, Manitoba, June 12, 2015 – A Case Comment on Ryan v. Canadian Farm Insurance, 2014 MBQB 178 In the recent case of Ryan v. Canadian Farm Insurance1 [“Ryan”], the Manitoba Court of Queen’s Bench, on a motion for summary judgment, considered when someone under 21, and living in the same “household” as a named insured, may be “in their care”...
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