Publications

Kelly Santini LLP, Ontario, July 23, 2018 – Royal Host GP Inc. v. 1842259 Ontario Ltd., 2018 ONCA 467 – In Royal Host GP, the Ontario Court of Appeal overturned a decision of a motion judge and ruled that a tenant was not entitled to the benefit of the fire insurance that the landlord had covenanted to purchase where the loss was caused by the...

Cox & Palmer, Newfoundland & Labrador, July 23, 2018 – In Ryan v. Curlew, 2018 NLSC 72, the Supreme Court of Newfoundland and Labrador assessed damages in the context of a personal injury claim. In doing so, the court addressed two key factors: mitigation and credibility. It also considered the application of a statutory provision regarding deductions for income related payments. Read More.

Stein Monast, Quebec, July 05, 2018 – In Industrielle Alliance, assurances auto et habitation inc. vs. Usines Giant inc.1, the Court had to rule on the procedural validity of a joinder of multiple claims, all involving the same water-heater manufacturer, Giant, in a single legal action. Industrielle Alliance, duly subrogated in the rights of its insureds, had in fact instituted a legal action by...

CBM LLP, Alberta, June 18, 2018 – Calculating income loss and earning capacity claims in personal injury matters comes with its usual struggles in the search for information and the battles with Plaintiff’s counsel over what is reasonable and how these claims should be assessed. Generally, both sides recognise what information is necessary to sort out the dispute.  Maybe expert opinion is...