Publications

Stein Monast, Quebec, January 22, 2021 – 9241-1842 Québec Inc. v. Peel Properties Inc., 2020 QCCS 2894 The insurer’s obligation to defend continues to be a subject of interest; a recent Superior Court case reviewed the principles developed by the courts over the years. The following is a summary of this case prepared by Jessica Gauthier and Nicolas Dubé. The Superior Court...

SVR Lawyers, Alberta, January 22, 2021 – COVID-19 has brought unprecedented change and uncertainty into our lives and raised a number of questions for business-owners.  For example, can a business be held liable if a patron or employee contracts COVID-19 while at their premises, despite the business’ good-faith efforts to prevent its transmission? What can be done to protect businesses from this potential...

Blaney McMurtry LLP, Ontario, January 22, 2021 – On December 8, 2020, Bill 118, An Act to amend the Occupiers’ Liability Act (the “Act”) received Royal Assent from the Legislative Assembly of Ontario. The Act has not yet come into force with the date to be named by proclamation of the Lieutenant Governor. The primary amendment to the Act is found under Section 6.1(1): No...

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...