Publications

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  • Discovered damage: Bylaw coverage and the principles in Roth v Economical Mutual Insurance Co.

    McKercher LLP, Saskatchewan, February 20, 2019 – Prospective property owners are often drawn to older buildings for their charming facades or classic architectural features. Those same owners are likely aware that their charming old buildings were not built to current building code or bylaw standards.  For that reason, savvy property owners will often choose to purchase bylaw insurance coverage. Read More
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  • CPP Disability Payments Deductible From Future Loss

    Cox & Palmer, Nova Scotia, February 20, 2019 – The Nova Scotia Court of Appeal overturned a motion decision in Sparks v Holland, 2019 NSCA 3 (“Sparks”), holding that Canadian Pension Program (“CPP”) disability payments are deductible from future loss of income and earning capacity. Read More
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  • Deducting Statutory Accident Benefits from Tort Awards in Ontario

    Kelly Santini LLP, Ontario, January 21, 2019 – In the province of Ontario, anyone injured in an automobile accident has two avenues for compensation: they can sue the “at-fault” driver in a civil tort action, or they can apply for Statutory Accident Benefits (“SABs”), which are the mandatory automobile insurance “no fault” benefits. While these two forms of compensation are independent of one...
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  • Almost A Sweet Deal: The Supreme Court Of Canada’s Decision In Moore V Sweet

    McKercher LLP, Saskatchewan, January 21, 2019 – When Mr. Lawrence Moore died, he left behind a messy legal issue for his surviving spouse and ex-wife to deal with: Who gets the life insurance proceeds? This legal dispute made its way to the Supreme Court of Canada, which took this opportunity to review the law regarding unjust enrichment in its decision in Moore v...
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