Publications

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  • Making Damage Claims Less Damaging – Recorded December 4, 2014

    December 08, 2014 – In this webinar, insurance defence lawyers from RMC member firms in Alberta, Manitoba and Ontario review recent developments and case law involving claims for damages and the strategies needed to defend these claims. The presentations address claims for psychological damages made by family members of an injured plaintiff as well claims for bad faith and...
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  • Don’t be crabby about an adverse trial decision…appeal!

    Fillmore Riley LLP, Manitoba, November 14, 2014 – British Columbia Court of Appeal takes interventionist approach to standard of care finding in Agar v. Weber. The British Columbia Court of Appeal recently considered the interaction between the old common law of occupiers liability, the Occupiers Liability Act (“OLA”), and the common law of negligence in Agar v. Weber, 2014 BCCA 297.  The insufficiency...
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  • The Insured’s Failure To Mitigate His Damages is Not Without Consequences…

    Stein Monast, Quebec, October 27, 2014 – 9124-4541 Québec Inc. et al. v. Intact compagnie d’assurance et al., 2014 QCCS 42501 After a fire damaged a poultry-processing plant not long before a backflow of water overtook the plaintiffs’ administrative offices, the latter, unhappy with the amount they received from their insurer, claimed additional compensation totalling just over 8 million dollars for damages to...
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  • Helping the witness help the court

    Northpoint Legal, September 22, 2014 – Expert evidence is getting considerable judicial attention recently. There is considerable concern that experts are not fulfilling their role as unbiased providers of assistance to the courts, and several Canadian jurisdictions have tackled the concerns in recent revisions to court rules. Examples include Ontario rule 53.03 and B.C. rule 11. Read more.
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