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McKercher LLP, Saskatchewan, September 25, 2020 – In Atlantic Lottery Corp Inc v Babstock (Atlantic Lottery), the Supreme Court of Canada (SCC) recently ruled that “waiver of tort” is not an independent cause of action. Previously, plaintiffs pled waiver of tort in an effort to recover allegedly ill-gotten gains from defendants without having to prove that they suffered losses. Because prior jurisprudence...
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Stein Monast, Quebec, September 25, 2020 – These days, people without insurance policies to cover civil liability and potential damage that could affect their wealth—be it through a home, auto or travel insurance policy—are few and far between. However, despite the wide range of insurance coverage available, all policies mention certain obligations stemming from the contract between the insurer and the insured....
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Stein Monast, Quebec, September 25, 2020 – Bédard Martin v. Intact, compagnie d’assurance inc., 2019 QCCS 5708 On the night of May 13 to 14, 2003, a fire completely ravaged a restaurant belonging to Solange Martin Bédard (“the insured”). At the time of the loss, the establishment was insured by Axa Assurances inc. (“Axa”). Following the fire, the insurer refused to compensate...
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Cox & Palmer, Nova Scotia, September 25, 2020 – The parties were involved in a motor vehicle accident. At the time of the accident the Plaintiff, MacDonald, worked as a registered nurse. At trial, Justice Murray found that MacDonald’s injuries left her unable to perform her own or any comparable job, and awarded her damages totalling $760,933.00. Critically, the Court also held that MacDonald’s...
