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  • Recent Amendments to The Insurance Act of Manitoba

    Fillmore Riley LLP, Manitoba, December 30, 2013 – On June 14, 2012, an Act to amend The Insurance Act of Manitoba, aptly titled “The Insurance Amendment Act”, received Royal Assent. The Insurance Amendment Act introduces sweeping changes to both the form and content of The Insurance Act. As of December 2013, none of the amendments has been proclaimed, meaning that they are not...
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  • Swimming Against The Stream: Limitation Periods for Third Party Claims in Saskatchewan

    McKercher LLP, Saskatchewan, November 13, 2013 – INTRODUCTION Over the last thirty years, courts and legislatures across Canada have embraced the discoverability principle when considering limitations periods: that, generally speaking, a limitation period should not begin until a loss is discovered rather than starting at the time the wrong occurred regardless of whether the loss is recognized at that time or not....
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  • When Misstatements Are Not Deceitful Representations

    Stein Monast, Quebec, October 08, 2013 – Beaudoin v. Wawanesa Insurance Company, 2013 QCCS 4143 After a major fire in their home, the plaintiffs retained a claims adjuster to present their claim to their insurer. The adjuster drew up a list of all the goods that needed to be replaced and submitted it to the insurer. The insurer denied coverage on the...
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  • Quebec’s New Code of Civil Procedure: Towards a New Culture of Law

    Donati Maisonneuve, Quebec, August 26, 2013 – On April 30, 2013, the Québec Minister of Justice, Mtre Bertrand St-Arnaud, introduced Bill 28 – An Act to Establish the New Code of Civil Procedure. If adopted, this Bill will replace the current Code of Civil Procedure. Apart from some partial modifications, for example the adoption of articles 54.1 through 56.6 C.c.p. on June...
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