Publications

Fillmore Riley LLP, Manitoba, April 27, 2024 – By virtue of its lengthy decision in Loblaw Companies Limited v. Royal & Sun Alliance Insurance, the Ontario Court of Appeal  has weighed in on, among other things, the allocation of defence costs for claims spanning multiple policy periods, with multiple insurers. Although this decision largely depended on the particular wording of the policies at issue,...

Cox & Palmer, Prince Edward Island, April 27, 2024 – Though it reads as a clarification of the operation of a statute, the Supreme Court of Prince Edward Island’s recent decision in Field v Aviva Insurance Company carries with it the potential to impact auto insurance throughout the province. Those most directly affected are insurers and workers injured in the course of employment when the...

Donati Maisonneuve, McKercher LLP, SVR Lawyers, Alberta, Quebec, Saskatchewan, March 27, 2024 – Determining the future earning capacity of a plaintiff is an important, but complex part of the claims settlement process. In this YRMC webinar for new claims handlers and adjusters, our panel discuss the factors that are used to calculate compensation for loss of income due to accidents or injuries. The panel will also explore legal...

Cox & Palmer, New Brunswick, March 21, 2024 – Recently, personal injury claims involving mental injury have been on the rise. Part of the reason for this is the 2017 Supreme Court of Canada (“SCC”) decision in Saadati v Moorhead, which defined the proof required in mental injury claims. Prior to Saadati Courts often required claimants to lead Expert testimony confirming that the claimant...