Publications

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  • Acting in Good Faith: An Additional Duty for Insurers

    Donati Maisonneuve, Quebec, May 25, 2022 –In a general sense, the concept of good faith governs the behaviour of every person. No right may be exercised with the intent of injuring another person or in an excessive or unreasonable manner[1]. In insurance, this criterion becomes even more important, and we might refer to the concept of a “high level of good...
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  • Handling Claims Involving Uninsured, Under-Insured and Unknown Motorists – Webinar Recording

    CBM LLP, Cox & Palmer, Kelly Santini LLP, Alberta, New Brunswick, Ontario, May 06, 2022 –Click below to download the slides. RMC – Handling Claims with Uninsured, Under-Insured and Unknown Motorists Insurance claims involving uninsured motorists bring up numerous legal issues and claims management steps not found in other MVA claims. Whether it is an accident involving your own insured who is denied coverage or an accident involving another driver...
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  • Flurries with a Chance of Slip and Falls: Best Practices for Business Owners to Avoid Liability

    Cox & Palmer, New Brunswick, April 19, 2022 –The presence of ice during the winter in New Brunswick is not unusual. Neither are slip and falls. Every year, business owners run the risk that an individual might slip and fall on their property, suffer an injury, and bring a legal action against them, as the owner of the property, for damages. These damages...
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  • Joint expertise: an interesting option?

    Stein Monast, Quebec, April 19, 2022 –The argument often raised to justify certain decisions of a procedural nature is that the principle of proportionality set out by the legislator in the Code of Civil Procedure (“C.C.P.”) must be upheld. However, we should exercise caution and avoid relying solely on this principle, particularly when deciding whether to appoint a joint expert. At...
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