Publications

Fillmore Riley LLP, Saskatchewan, September 27, 2022 – Readers of this newsletter may be aware that liability insurance policies commonly impose, by written condition, obligations on the insured to given timely notice of a claim, to cooperate with the insurer’s defence of a claim and, by way of ‘voluntary payment clause’, provide that any expense the insured may incur without the consent of...

CBM LLP, Alberta, August 29, 2022 – The “absolute pollution exclusion” clause contained within CGL policies has historically been limited to “preclude coverage for the cost of government-mandated environmental cleanup under existing and emerging legislation making polluters responsible for damage to the natural environment.”[1] While the case law is not settled on the matter, it appears the Courts have recently broadened the...

Cox & Palmer, Prince Edward Island, July 14, 2022 – The recent decision in Stevens v. Oyster Bed sheds light on the efficacy of waiver/assumption of risk forms in fatal accidents on Prince Edward Island.[1] Background In Stevens v. Oyster Bed, Mr. Stevens tragically passed away following a stock car race accident. An action was commenced under the Fatal Accidents Act (FAA) by the surviving spouse, on behalf of the...

Kelly Santini LLP, Ontario, July 14, 2022 – Expert Reports have an important impact on the development of a matter. They often assist in quantifying damages and determining and defining key issues for trial. Plaintiff’s expert reports often assist the Defendant in knowing the case to meet. Expert evidence has a very important role in litigation, and it is important that we know...