Publications

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  • 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...
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  • Deducting Collateral Benefits From Loss of Income Claims

    Cox & Palmer, New Brunswick, Newfoundland & Labrador, Nova Scotia, Prince Edward Island, December 17, 2018 – A question that we frequently hear from our colleagues in the insurance industry is: what benefits can we deduct in tort claims seeking damages for loss of income? Consider the plaintiff who has suffered a disabling injury and is unable to work as a result of either a slip and fall accident or an automobile...
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  • Mitigating Risk: Adverse Cost Insurance and its Implications on the Canadian Judicial Landscape

    Northpoint Legal, November 26, 2018 – Introduction In litigation, there are no guarantees of success and failure can be prohibitively expensive for those involved in a legal proceeding.  Even the best cases are faced with uncertainty and risk when a dispute proceeds to trial and the decision is ultimately left in the hands of a judge or jury.  While attempts can...
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  • Under A Cloud: how Insurers can Respond to the upcoming Legalization of the Recreational Use of Cannabis in Canada

    Blaney McMurtry LLP, Ontario, November 26, 2018 – Yes, it’s true. On 17 October 2018, Canada will become the first G7 country to legalize the recreational use of cannabis nationwide. That means that individuals will be able to buy, possess, consume, grow and share cannabis under the federal governance of the Cannabis Act. Provincial governments have introduced complementary legislation to regulate activity within their respective...
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