Publications

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...

Cox & Palmer, Prince Edward Island, April 23, 2019 – In Fraser v. Runighan 2018 PESC 26, Chief Justice T. L. Clements of the Supreme Court of Prince Edward Island considered, for the first time on PEI, a motor vehicle accident plaintiff’s motion2 for an advance payment under Rules 20.10 – 20.12 (now Rule 22.1) of PEI’s Rules of Civil Procedure. Read more

Cox & Palmer, Newfoundland & Labrador, April 23, 2019 – In White v. Meiting, the Supreme Court of Newfoundland and Labrador denied a plaintiff’s application for an advance or periodic payment. In doing so, the court clarified the criteria which must be satisfied by a plaintiff who seeks an advance payment of special damages pursuant to Rule 44A of the Rules of the Supreme Court, 1986. It also...