Publications

Blaney McMurtry LLP, CBM LLP, Cox & Palmer, Fillmore Riley LLP, Kelly Santini LLP, McKercher LLP, Stein Monast, SVR Lawyers, Alberta, Manitoba, New Brunswick, Newfoundland & Labrador, Nova Scotia, Ontario, Prince Edward Island, Quebec, Saskatchewan, April 06, 2020 – RMC lawyers across Canada are preparing updates on the COVID-19 virus and its impact on the insurance industry. For full details on our COVID-19 National Response Team, please click here. Alberta Commercial All-Risks Property Policies and Business Losses in the Age of COVID-19 SVR Lawyers – Calgary Update on Rules of Court and Court Closures...

Kelly Santini LLP, Ontario, January 28, 2020 – On September 30, 2019, the Ontario Court of Appeal upheld the Ontario Superior Court decision of Justice Ryan Bell in Mississippi River Power Corporation v. WSP Canada Inc., 2018 ONSC 6104. This is an important case for owners, consultants and contractors because it means that a limitation of liability clause in a consultant’s contract may also be...

Kelly Santini LLP, Ontario, December 17, 2019 – The Ontario Court of Appeal released a new decision in Tomec v Economical Mutual Insurance Company, which affirmed that the two-year limitation period in section 281.1(1) of the Insurance Act (the “Act”) and section 51(1) of the Statutory Accident Benefits Schedule (“SABS”) are subject to the rule of discoverability. Read More

Kelly Santini LLP, Ontario, November 25, 2019 – Overpayments commonly occur when an insured is paid an income replacement benefit (IRB) and subsequently receives retroactive Long Term Disability benefits (LTD) or Canada Pension Plan (CPP) benefits. Each are deductible from IRB, and their retroactive nature may require an insurer to claw back an overpayment made to an insured. Recovering an overpayment is governed...