Publications

Donati Maisonneuve, Quebec, April 17, 2018 – Ferme des Trois Montagnes (2015) v. Constructions GSL Inc., 2017 QCCQ 10721 In the framework of a dispute between Ferme des Trois Montagnes (“The Farm”) and Constructions GSL (“GSL”), the latter party’s insurer, Promutuel, denied coverage and refused to take up its client’s defence. GSL filed a Wellington motion and claimed the reimbursement of lawyer’s fees related to...

Kelly Santini LLP, Ontario, April 17, 2018 – In Douglas v. Stan Fergusson Fuels Ltd., 2018 ONCA 192, the Court found that an insurer could not pursue a subrogated claim in the name of its bankrupt insured unless it obtained a court order authorizing the action in its own name or used the provisions in the Bankruptcy and Insolvency Act to acquire the bankrupts rights...

Cox & Palmer, New Brunswick, April 17, 2018 – Bill 30 – An Act to Amend the Insurance Act (the “Bill”) was introduced to the New Brunswick Legislature by the Honourable Cathy Rogers on December 16, 2017.  The amendments were proposed in order to prevent insurance companies from denying coverage to innocent co-insureds for property damage caused by an abusive partner and to enhance the protection...

CBM LLP, Alberta, April 17, 2018 – Ashley Cardinal, the Insured, was injured while riding as a passenger in an automobile driven without the consent of the owner. The Insured’s mother had an SPF No.1 policy issued by Alberta Motor Association Insurance Company, the Insurer, containing an SEF No. 44 Endorsement. The Insured commenced an action against the Insurer for indemnity pursuant...