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Articles
The 5% Rule in Ontario – Applying the Bank Rate to Non-Pecuniary Damages in Personal Injury Actions?
Blaney McMurtry LLP, Ontario, March 24, 2022 – Canadians, for over a decade, and especially over the course of the recent pandemic, have experienced a low interest rate environment. While interest rates are in the news again, with a possibility of a slight rate movement upward, many litigants, from a Defendant’s perspective, hope the movement in the context of personal injury litigation is... -
Blaney McMurtry LLP, Ontario, March 24, 2022 – There is no doubt that the COVID-19 pandemic has given rise to some of the most contentious legal issues of our time on a global scale. Justice Belobaba, for the Ontario Superior Court of Justice, began his determination regarding a class action carriage motion by stating, “[t]he impact of the Covid-19 pandemic on business operations...
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Stein Monast, Quebec, March 24, 2022 – Does the insured’s duty to cooperate allow an insurer to access data stored on their cellphone? The Court of Quebec recently ruled on this issue in Murray v. Promutuel de l’Estuaire, société mutuelle d’assurance générale. André Murray (“Murray”) sued his insurer, Promutuel de l’Estuaire, Société mutuelle d’assurance Générale (“Promutuel”) after his vehicle was allegedly stolen....
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Stein Monast, Quebec, March 24, 2022 – The Blais v. Ivari case concerns Jacques Blais (“Blais”), a financial security advisor and insurance representative who stopped working in January 2013 due to illness. As the holder of a life and disability insurance policy (“the Policy”), he received full disability benefits, as well as benefits for loss of residual income, namely to supplement initial...