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Stein Monast, Quebec, October 03, 2023 – Any misrepresentation or concealment of facts concerning the risk to be insured can lead to nullity of the insurance policy[1], also known as nullity ab initio. However, in the case of deceitful representation of a loss, the consequence is forfeiture of the right to an insurance indemnity[2], although the insurance policy remains valid. In a...
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Blaney McMurtry LLP, Cox & Palmer, Northpoint Legal, New Brunswick, Ontario, September 28, 2023 – Across the country slip & fall are one of the most common claims made against insured businesses and their insurer. While these claims may seem straight-forward at first, there are many elements to each file that must be considered when evaluating risk and considering settlement potential. In this YRMC webinar for new claims handlers and...
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Fillmore Riley LLP, Manitoba, August 29, 2023 – Pursuant to Statutory Condition 11, certain questions related to valuation in a first party claim may be addressed through “dispute resolution” (formerly known as “appraisal”). This article examines a number of recent Manitoba decisions which may be of interest, including a decision which considers the interplay between dispute resolution and limitation periods and decisions which...
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Stein Monast, Quebec, July 26, 2023 – On March 9, 2023, the Hon. Jacques G. Bouchard, J.C.S. dismissed an appeal in warranty brought by the Attorney General of Québec (the “AGQ”), in right of Québec’s Ministry of Transport, Sustainable Mobility and Transport Electrification (the “MTQ”), against its design engineer, WSP Canada Inc. (“WSP”) in connection with a project to replace culverts on...
