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Stein Monast, Quebec, January 20, 2022 – The insurance contract states that a benefit will be paid should a covered risk arise. The evaluation of such a risk therefore constitutes an essential aspect of the decision to contract or not, and under what terms. Read More (en français)
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Stein Monast, Quebec, January 20, 2022 – When disaster strikes and an insured’s home is rendered uninhabitable, the insurer must relocate the insured party and cover their living expenses until the premises are declared habitable again. As of when can this be done? Read More (en français)
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Cox & Palmer, Nova Scotia, January 20, 2022 – Will Your Limitation of Liability Clause Stand Up To Court Scrutiny? In 6362222 Canada Inc. v Prelco Inc., 2021 SCC 39 (38904) (“Createch v Prelco“), the Supreme Court of Canada considered the issue of whether a limitation of liability clause in a contract between the two parties was invalid on the basis of the doctrine of breach...
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Cox & Palmer, Newfoundland & Labrador, January 20, 2022 – Fennelly v. Lloyd’s Underwriters, 2021 NLSC 160, involved an application by the First and Second Defendants, Lloyd’s Underwriters (“Lloyd’s”) and Anthony & Associates Inc. (“Anthony”), pursuant to Rule 40.11 of the Rules of the Supreme Court, 1986, S.N.L. 1986, c. 42, Sch. D, to dismiss the insured Plaintiff’s claim for want of prosecution. This was...
