Publications

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...

Fillmore Riley LLP, Manitoba, June 12, 2015 – A Case Comment on Ryan v. Canadian Farm Insurance, 2014 MBQB 178 In the recent case of Ryan v. Canadian Farm Insurance1 [“Ryan”], the Manitoba Court of Queen’s Bench, on a motion for summary judgment, considered when someone under 21, and living in the same “household” as a named insured, may be “in their care”...

Fillmore Riley LLP, Manitoba, November 14, 2014 – British Columbia Court of Appeal takes interventionist approach to standard of care finding in Agar v. Weber. The British Columbia Court of Appeal recently considered the interaction between the old common law of occupiers liability, the Occupiers Liability Act (“OLA”), and the common law of negligence in Agar v. Weber, 2014 BCCA 297.  The insufficiency...