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Articles
Bad Faith in Insurance Contracts
Fillmore Riley LLP, Manitoba, December 17, 2018 – In 2014, the Supreme Court of Canada in Bhasin v. Hrynew recognized good faith as the general organising principle of the common law of contract and that the duty of honest performance of a contract was a manifestation of the general organizing principle. This holds true in the insurance realm and this duty of an... -
Webinar recordings
Strategies for Handling Claims from Self-Represented Litigants – Webinar Recording
CBM LLP, Fillmore Riley LLP, McKercher LLP, Northpoint Legal, June 07, 2018 – To view the recording, please click here. Across the country, insurers and defence counsel are facing an increase in claims from self-represented litigants. These cases face a number of different hurdles and need to be handled carefully and satisfy the principles recently endorsed by the Supreme Court of Canada in Pintea v. Johns. In this... -
Articles
Bending but not breaking – How far will courts go to accommodate a self-represented litigant?
Fillmore Riley LLP, Manitoba, February 12, 2018 – Dewing v Kostiuk et al, 2017 MBCA 22 The number of self-represented litigants (“SRLs”) is on the rise across the country. The National Self-Represented Litigants Project: Identifying and Meeting the Needs of Self-Represented Litigants by Dr Julie Macfarlane published in 2013 indicated that SRLs already outnumber represented litigants in Ontario civil claims. SRLs represented 21%... -
Fillmore Riley LLP, Manitoba, April 19, 2017 – Whether or not a property is considered vacant under both residential and commercial property policies so as to be excluded from coverage has received ample consideration by the court. Yet, many standard policy wordings, particularly in a commercial broad form, have exclusions that go beyond vacant buildings to also include premises which are “unoccupied or...