Publications

Stein Monast, Quebec, December 17, 2019 – Very recently, the Court of Quebec reminded us of the importance of asking the insured specific questions about his criminal record at the time of subscription1, even if that question was asked at the time of an earlier subscription with the same insurer concerning another risk. Facts In this case, the insurer of an individual...

Kelly Santini LLP, Ontario, December 17, 2019 – The Ontario Court of Appeal released a new decision in Tomec v Economical Mutual Insurance Company, which affirmed that the two-year limitation period in section 281.1(1) of the Insurance Act (the “Act”) and section 51(1) of the Statutory Accident Benefits Schedule (“SABS”) are subject to the rule of discoverability. Read More

Kelly Santini LLP, Ontario, November 25, 2019 – Overpayments commonly occur when an insured is paid an income replacement benefit (IRB) and subsequently receives retroactive Long Term Disability benefits (LTD) or Canada Pension Plan (CPP) benefits. Each are deductible from IRB, and their retroactive nature may require an insurer to claw back an overpayment made to an insured. Recovering an overpayment is governed...

McKercher LLP, Saskatchewan, November 25, 2019 – A participant expert witness has relevant expertise and was involved in the events that underlie the litigation. Participant experts are generally permitted to provide both fact and limited opinion evidence. Occasionally, a participant expert is also a litigant. In Westerhof v Gee Estate, the Ontario Court of Appeal addressed whether the Ontario Rules of Civil Procedure1 relating to...