Publications

Fillmore Riley LLP, Manitoba, July 18, 2011 – This article considers insurance issues which arise on the insolvency of an insured.  In particular, we look at the obligation of trustees in bankruptcy to maintain existing coverage, and the competing concern which some insurers have, that the insolvency of the insured constitutes a material change of the risk. Section 24(1) of the Bankruptcy &...

Blaney McMurtry LLP, Ontario, June 18, 2011 – Introduction In the 1835 Monograph Democracy in America, French political observer Alexis de Tocqueville wrote, “I do not know whether the jury is useful to those who are in litigation; but I am certain it is highly beneficial to those who decide the litigation…”1  Tocqueville was referring to the importance of participation in democratic society....

Stein Monast, Quebec, January 03, 2008 – The issue of the insurer’s obligation to defend has raised numerous debates in the jurisprudence over the past few years. Recently, the Court of Appeal of Quebec in Groupe DMR Inc. v. Kansa General International Insurance Company Ltd, AZ-50488250 revisited this question. Since this problem is part of the day-to-day business of insurers, it seems...

Kelly Santini LLP, Ontario, January 01, 2008 – The recent decision of Mr. Justice Keith A. Hoilett in Economical Insurance Company of Canada v. Fleming, [2008] I.L.R. I-4673, 57 C.C.L.I. (4th) 246, 89 O.R. (3d) 68 (Ont.S.C.J.) is one that all insurance defence counsel should read. The decision arises out of an application brought by Economical Insurance for an order declaring that it...