Publications

Stein Monast, Quebec, August 06, 2012 – John Deere Limited v. Promutuel Lac St-Pierre – Les Forges, S.C. Richelieu, 765-17-000982-100, July 17, 2012, L. Lacoursière For the first time, the Superior Court has clarified the status of a creditor under a non-automobile insurance policy, in this instance an agricultural policy. John Deere was named as the creditor on Promutuel’s policy. John Deere...

Stein Monast, Quebec, July 31, 2012 – SSQ, société d’assurances générales inc. v. Alain Crytes, (C.Q., Maniwaki, No. 565-22-000081-089), 2012 march, 12, Fournier J. In the context of an action seeking sanctions for misrepresentation, the Court of Quebec has recognized that statements made by the insured during a polygraph test can be used as evidence. On March 21, 2012, Judge Fournier ruled,...

Fillmore Riley LLP, Manitoba, July 14, 2012 – There has been a lot of commentary in the media about naïve Canadians inadvertently failing to provide full disclosure on their applications for travel and disability insurance.  A CBC Marketplace episode highlighted a number of situations where people completed insurance applications, thinking they were covered in case of illness or medical expenses.  In the broadcast,...

Blaney McMurtry LLP, Ontario, June 14, 2012 – INTRODUCTION The Ontario Court of Appeal’s January decision in Jones v. Tsige 2012 ONCA 32 recognized the tort of “intrusion upon seclusion”  as a cause of action in Ontario. This decision may have significant  implications for policyholders and  insurers. Formal recognition of the tort in Ontario marks a significant legal development.  However, American jurisdictions have...