Publications

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  • Nullity Ab Initio of the Insurance Contract: Importance of the Initial Declaration of Risk

    Stein Monast, Quebec, May 26, 2021 –The Superior Court recently ruled on the notion of nullity ab initio of the insurance contract in Croteau (Succession de Roy) v. TD Compagnie d’assurance-vie, 2020 QCCS 3539. After underscoring the principles applicable and the importance of the initial declaration of risk, the Court ruled in favour of the insurer. Read More (en français)
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  • Divided Co-Ownerships: Who Must Insure What?

    Stein Monast, Quebec, May 26, 2021 –The Divided co-ownership regime under the Civil Code of Québec (“C.C.Q.”) has undergone major amendments in recent years. This follows the passing and approval of Bill 1411 (“the Act”) on June 13, 2018. In particular, these changes target the obligations incumbent on co-ownership syndicates as well as co-owners in terms of insurance. Although some of these...
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  • Insurers Beware: The Perils of Limitation of Liability Clauses in Subrogated Claims

    Blaney McMurtry LLP, Ontario, May 25, 2021 –An insurer’s right of subrogation is one of the cornerstones of a contract of insurance. Once the insurer has indemnified the insured, the right of subrogation allows the insurer to “step into the shoes of the insured” and claim against the relevant third party in order to recoup some or all of the indemnity payments...
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  • Defending Liability Claims Against Nursing & Retirement Homes – Webinar Recording

    CBM LLP, Alberta, May 25, 2021 –In  this webinar recording, Debra Woodske of CBM Lawyers in Edmonton reviews the growing trend and developments in nursing & retirement home abuse claims in Canada since the COVID-19 outbreak. Debra covers: The various types of claims arising out of nursing and retirement homes, including: Abuse/neglect Breach of contract Wrongful death Negligence Medical malpractice Best...
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