Publications

SVR Lawyers, Alberta, August 30, 2012 – In Benc v. Parker, 2012 ABCA 249, David Pick, on behalf of the appellant, appeared before the Court of Appeal in a matter that involves the scheduling of a Certified Examination (“CE”), and specifically what happens if the plaintiff or plaintiff’s counsel do not feel that the appointed examiner has made reasonable efforts to schedule...

McKercher LLP, Saskatchewan, August 29, 2012 – The appellants argued the certification judge erred in determining a class action would be the preferable procedure in light of the number of individual issues that remain outstanding. The Court found it is not unusual to have a class action where liability turns on a determination of the common issues, but where individual damages may...

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,...