Publications

January 20, 2021 – In many Canadian jurisdictions, insurers are required to participate in mediation to try and resolve the dispute and avoid costly and lengthy litigation. Mediation presents an excellent opportunity to resolve disputes without having a resolution imposed by a third party. When used effectively, mediation can be a cost effective tool well worth the investment of...

Blaney McMurtry LLP, Cox & Palmer, Kelly Santini LLP, McKercher LLP, SVR Lawyers, Alberta, New Brunswick, Ontario, Saskatchewan, January 12, 2021 – 2020 was an unpredictable, constantly changing and challenging year for everyone, including insurers trying to navigate the court system to settle claims. Will 2021 bring more changes, a return to pre-pandemic court procedures or a mix of old and new? To help insurers prepare for 2021, our panel of RMC lawyers from across Canada discuss...

Stein Monast, Quebec, January 04, 2021 – The Superior Court recently ruled on the interpretation of wording pertaining to protections included in a Commercial Crime Insurance Policy following a claim in connection with a fraudulent e-mail and invoicing scheme. Why did she rule that Computer Fraud and Funds Transfer Fraud was not covered by the policy in this case? Here is a...

Fillmore Riley LLP, Manitoba, December 14, 2020 – The extent to which the “faulty workmanship” exclusion operates to remove from coverage damage closely related to such work has long vexed insurers, policyholders and the courts. Earlier this year, the Alberta Court of Appeal considered such an issue in Condominium Corporation No. 9312374 v Aviva Insurance Company of Canada, 2020 ABCA 166. At issue...