Publications

Fillmore Riley LLP, Manitoba, December 17, 2019 – The Supreme Court of Canada recently released a decision highlighting the law relating to unjust enrichment and constructive trusts in the context of a dispute over the proceeds of an insurance policy. In Moore v. Sweet, the majority of the SCC imposed a remedial constructive trust on the proceeds of a life insurance policy in favour...

Fillmore Riley LLP, Manitoba, October 25, 2019 – This July, the Ontario Court of Appeal released a unanimous decision holding that the limitation period to enforce a claim for indemnity for business interruption loss (“BI”) begins to run from the date of the underlying loss. In so holding, the Court declined to follow a well-established body of caselaw in the western provinces to...

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...

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...