Publications

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...

Blaney McMurtry LLP, Ontario, March 21, 2024 – Loblaw Companies Limited v. Royal & Sun Alliance Insurance Company of Canada, 2024 ONCA 145 Every decade or so, a decision of monumental importance to the coverage bar gets handed to us. In 2010, the Supreme Court of Canada gave us Progressive Homes Ltd. v. Lombard General Insurance Co. of Canada. 2010 SCC 33. Before...

Stein Monast, Quebec, March 21, 2024 – Is an insurance provider justified in invoking misrepresentation or an exclusion clause in the following situations: failure to disclose an employee’s criminal history to the insurance provider and failure to dismiss this employee on suspicion of involvement in prior thefts? Read More (en français)

Stein Monast, Quebec, March 21, 2024 – In 2005, the plaintiffs purchased a commercial building built in 1965 and carried out extensive renovations. In 2014, a fire gutted the building, which had been insured by the defendant. In the end, the plaintiffs decided not to rebuild. The defendant agreed to compensate them in the amount of $726,709.22, i.e., a sum equivalent to...