Publications

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...

Blaney McMurtry LLP, Ontario, June 15, 2018 – Advanced driver assistance systems stand to have significant impact on premiums – and on litigation. Blaney McMurtry’s Stephen Moore explains how claims and underwriting approaches will need to be adjusted to accommodate these new technologies for Lexpert Magazine’s May ‘Change Agent’ column. Read More

Cox & Palmer, New Brunswick, June 15, 2018 – In Bent v. MacFarlane, contradictions in Bent’s self-reporting and her lack of attempt to seek a medical resolution to an alleged chronic pain syndrome proved extremely limiting to her claim for damages.  The case is remarkable for the severity of its result as well as for the blunt deconstruction by the New Brunswick Court of...