Publications

Cox & Palmer, Newfoundland & Labrador, May 27, 2019 – In Temple v. Aviva Insurance Company of Canada, the Supreme Court of Newfoundland and Labrador determined that the plaintiff, a seasonal worker, was not employed at the date of the motor vehicle accident. As a result, he did not qualify for loss of income payments under Section B of Newfoundland and Labrador’s standard automobile insurance policy. In...

Blaney McMurtry LLP, Donati Maisonneuve, Kelly Santini LLP, Ontario, Quebec, May 17, 2019 – Click here to watch the webinar recording. Click below to download the slides. Litigation Process in Ontario & Quebec Ontario’s Common Law and Quebec’s Civil Law have significant differences in how claims make their way through the court system. In Part I of our ‘Boot Camp’ webinar series, we will cover the litigation process in...

Stein Monast, Quebec, April 23, 2019 – On March 13, 2019, Judge Chantale Lamarche of the Superior Court of Quebec ruled, in Cohen v. Lloyd’s Underwriters, on the duty of good faith on the part of the insurer and claims adjuster when processing a claim. Judge Lamarche also addressed the privileged nature of the communications between an insurer and its claims adjuster...

Blaney McMurtry LLP, Ontario, April 23, 2019 – When an opposing party brings a motion to add an insured to existing litigation, the courts usually allows the party to be added, unless there are clear reasons not to do so, such as an expired limitation period. Consent is usually provided, as the threshold to add a party is low. Yet, recent developments show...