Publications

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...

Stein Monast, Quebec, April 05, 2013 – Place Biermans inc. v. C. D., 2013 QCCA 64, 2010 QCCS 4170 On March 7,1999, C. D., aged 15, poured a can of gasoline on the floor of a shed that adjoined a shopping centre.  An hour later, he threw a match on it.  The resulting fire caused close to $6,000,000 in damage.  AXA Insurance...

Cox & Palmer, Donati Maisonneuve, McKercher LLP, April 02, 2013 – The role of digital evidence on an increasingly wide range of insurance claim disputes continues to grow.  For many insurers, the challenge of keeping up with changes in technology, trends in social media and the proliferation of data is matched by the constantly evolving legal framework that affects how insurance claims involving digital evidence can...