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Kelly Santini LLP, Ontario, January 24, 2014 – Overview In May, 2013, the Ontario Court of Appeal upheld a contractual one year limitation period in a commercial property policy. The Co-Operators denied the claim and when the plaintiffs brought an action against The Co-operators, it was struck out because it was commenced beyond the one year mark as specified in their policy but...
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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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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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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... -
