Publications

Kelly Santini LLP, Ontario, May 24, 2013 – The Boyces owned a retail clothing business called the Portside Boutique.  On October 30, 2012, something soiled their inventory; they claimed it was vandalism.  Their insurers, The Co-Operators said that the soiled inventory was caused by a skunk and the damage was not covered under their policy.  The Co-Operators denied the claim and the Boyces...

Stein Monast, Quebec, May 09, 2013 – Recently, the Court of Appeal rendered an interesting decision on the exclusion regarding construction used for illegal or criminal activities, specifying that the determining factor when analyzing of the application of such an exclusion is the use for illicit ends and not the extent of such use. The plaintiffs claimed $189,513 from their insurer after...

Kelly Santini LLP, Ontario, April 18, 2013 – The plaintiff in an action further to a motor vehicle accident has the onus of establishing, on the balance of probabilities, that his or her injuries meet the statutory threshold as set out by the Insurance Act, R.S.O. 1990, c.I.8 (hereinafter the “Act”) and Regulation 381/03 (hereinafter the “Regulation”) in order to collect non-pecuniary damages...

McKercher LLP, Saskatchewan, April 16, 2013 – In Branco v. American Home Assurance Company, Cameco Corporation, Kumtor Operating Company and Zurich Life Insurance Company of Canada Limited 2013 SKQB 98, the Plaintiff submitted claims for disability benefits to the Defendant insurers after suffering an injury to his foot while working at a mine in Kyrgystan. Finding that the insurers had discontinued benefits...