-
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.... -
-
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... -
-
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... -
-
Stein Monast, Quebec, August 13, 2013 – On May 14, 2008, the plaintiff’s building was completely destroyed by fire. His insurer refused to indemnify him and insisted that the policy be cancelled because it would never have been issued had it known that the plaintiff was dealing drugs in addition to permitting their consumption on the premises. The evidence also revealed that...