Publications

Stein Monast, Quebec, October 27, 2021 – Montréal’s Municipal Court (“Court”) recently decreed that vaping can be considered an offence according to article 443.1 of the Highway Safety Code (“HSC”) insofar as the vaper features a luminous screen displaying information and controls to operate (City of Montréal v. Nicolo, 2021 QCCM 73). According to this provision, “every driver of a road vehicle […] are...

Fillmore Riley LLP, Manitoba, October 27, 2021 – Long time readers of articles on this website will be aware that in the late 2000s to early 2010s, substantial amendments were enacted to the insurance legislation in various provinces including B.C., Alberta and Manitoba.  This article addresses one such amendment – the innocent insured amendment.  Recent cases show that insureds are leveraging the innocent...

SVR Lawyers, Alberta, October 27, 2021 – The Ontario Superior Court recently addressed the evidence required to overcome the presumption of a duty to defend in the context of a liability insurance policy. AIG Insurance Company of Canada (“AIG”) brought an application seeking equitable contribution from Lloyds Underwriters (“Lloyds”) towards the cost of defending the City of Timmins (the “City”) in an...

SVR Lawyers, Alberta, October 27, 2021 – MDS Inc. v. Factory Mutual Insurance Company, 2021 ONCA 594 The Ontario Court of Appeal has recently overturned the Ontario Superior Court’s decision and has maintained the strict interpretation of “physical damage” in the scope of business interruption coverage. Read More