- Stein Monast, Quebec, July 26, 2023 –On March 9, 2023, the Hon. Jacques G. Bouchard, J.C.S. dismissed an appeal in warranty brought by the Attorney General of Québec (the “AGQ”), in right of Québec’s Ministry of Transport, Sustainable Mobility and Transport Electrification (the “MTQ”), against its design engineer, WSP Canada Inc. (“WSP”) in connection with a project to replace culverts on...
Articles
The insurance policy and the hypothecary security clause: Separate contracts and different coverages
Stein Monast, Quebec, July 26, 2023 –It is common practice to include a hypothecary security clause in a home insurance policy at the request of the creditor. Such a clause constitutes a separate contract between the insurer and the hypothecary creditor, which may enjoy more extensive coverage to protect its interest in the property. Accordingly, any provisions of the insurance policy...- CBM LLP, Alberta, July 26, 2023 –Betterment, ACV, and depreciation are important considerations in resolving a first party claim. The question we often see on the subrogation side of claims is whether a party must accept an ACV settlement on the tort claim, and whether claimants can be forced to take reductions for betterment and depreciation. What comes as a surprise...
Webinar recordings
Damage Awards Jeopardy – Webinar Recording
Blaney McMurtry LLP, CBM LLP, Cox & Palmer, Donati Maisonneuve, Fillmore Riley LLP, Lindsay LLP, McKercher LLP, Alberta, British Columbia, Manitoba, Newfoundland & Labrador, Ontario, Quebec, Saskatchewan, July 12, 2023 –Our panel of YRMC lawyers from across Canada explore how damage awards for similar injuries are treated in different jurisdictions. During the webinar, panelists present five recent case examples and what the courts awarded. Each case concludes with a discussion on how other jurisdiction would likely treat a claim with similar facts. Damage Awards Jeopardy...