Publications

Northpoint Legal, October 26, 2020 – In Nagy v. BCAA Insurance Corporation 2020 BCCA 270, a decision released this morning, the BCCA reversed a summary trial decision granting judgment to the insured and remanded the case back to the trial list. This case is relevant to anyone looking at coverage for first party losses and in particular where there are issues...

Northpoint Legal, October 07, 2020 – Sky Clean Energy Ltd. (Sky Solar (Canada) Ltd.) v. Economical Mutual Insurance Company, 2020 ONCA 558 The appeal concerned a form of insurance commonly used in the construction industry whereby the policy permits a contractor to add the project owner as an additional insured under its liability insurance policy, to cover the owner’s liability “arising...

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...

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....