Publications

Fillmore Riley LLP, Manitoba, March 25, 2020 – With the outbreak of the novel coronavirus (COVID-19) at the forefront of the news cycle, governments and businesses are working to minimize the pandemic’s effect on the world’s economy, both at the macro and micro level. Despite those efforts, businesses are sure to face significant and unexpected changes in their day-to-day operations, which will likely...

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...