Publications

CBM LLP, Fillmore Riley LLP, McKercher LLP, Northpoint Legal, June 07, 2018 – To view the recording, please click here. Across the country, insurers and defence counsel are facing an increase in claims from self-represented litigants. These cases face a number of different hurdles and need to be handled carefully and satisfy the principles recently endorsed by the Supreme Court of Canada in Pintea v. Johns. In this...

Fillmore Riley LLP, Manitoba, February 12, 2018 – Dewing v Kostiuk et al, 2017 MBCA 22 The number of self-represented litigants (“SRLs”) is on the rise across the country.  The National Self-Represented Litigants Project: Identifying and Meeting the Needs of Self-­Represented Litigants by Dr Julie Macfarlane published in 2013 indicated that SRLs already outnumber represented litigants in Ontario civil claims.  SRLs represented 21%...

Fillmore Riley LLP, Manitoba, April 19, 2017 – Whether or not a property is considered vacant under both residential and commercial property policies so as to be excluded from coverage has received ample consideration by the court.  Yet, many standard policy wordings, particularly in a commercial broad form, have exclusions that go beyond vacant buildings to also include premises which are “unoccupied or...

Fillmore Riley LLP, Manitoba, May 19, 2016 – What is the meaning of “faulty workmanship” in the context of a homeowners’ policy?  This was the question addressed by the Ontario Court of Appeal in Monk v. Farmers’ Mutual Insurance Company (Lindsay), 2015 ONCA 911. In 2008, the insured homeowner hired a contractor to restore the exterior of her log home.  The restoration work...