Publications

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...

Kelly Santini LLP, Ontario, December 14, 2020 – On November 4, 2020, the Court of Appeal rendered its decision in Baig v. Mississauga, which affirmed that it is the knowledge of the material facts which are necessary to support the cause of action that triggers the commencement of the two-year limitation period rather than the knowledge of the extent of damages. Read More

Cox & Palmer, New Brunswick, Newfoundland & Labrador, Nova Scotia, Prince Edward Island, December 14, 2020 – Canadian jurisdictions take three (3) different approaches to the question of the standard of care expected of homeowners or property owners when considering a slip, trip and fall action. These approaches are: occupiers’ liability legislation; the common law of occupiers’ liability; or general principles of negligence. Read More