Publications

McKercher LLP, Saskatchewan, June 20, 2022 – Accidents happen. Even for the most diligent of employers, some workplace injuries cannot be avoided. Luckily, the Saskatchewan Workers’ Compensation Board (“WCB”) provides no-fault insurance that benefits both workers and employers. The Historic Trade-Off The WCB regime balances the interests of both the workers and employers. It has been described by the Supreme Court of...

CBM LLP, Donati Maisonneuve, Alberta, Quebec, June 09, 2022 – Insurance claims handlers and adjusters are accustomed to defending claims. But there is another side to insurance claims which involves acting as the plaintiff to recover funds paid out to an insured from a liable third party. These subrogation claims have different challenges and risks that must be understood and considered if they are going...

Cox & Palmer, Newfoundland & Labrador, May 25, 2022 – In Balsom v. Rideout, 2022 NLCA 20, Cox & Palmer was successful in the appeal of a lower court decision which denied an application to dismiss the action for being commenced outside the limitation period. There were two broad issues: (1) whether an insurance adjuster’s communications were protected by settlement privilege, and (2) if not, whether they...

Donati Maisonneuve, Quebec, May 25, 2022 – In a general sense, the concept of good faith governs the behaviour of every person. No right may be exercised with the intent of injuring another person or in an excessive or unreasonable manner[1]. In insurance, this criterion becomes even more important, and we might refer to the concept of a “high level of good...