Publications

McKercher LLP, Saskatchewan, March 28, 2025 – Cities and municipalities are required to keep roads and streets in a reasonable state of repair by The Municipalities Act, SS 2005, c M-36.1 and The Cities Act, SS 2002, c C-11.1. However, these same entities are statutorily immune from liability for things on, in, or adjacent to streets that are not on the travelled portion of the...

Donati Maisonneuve, Quebec, March 25, 2025 – Quebec’s principles of insurance claims for latent defects have been firmly established for over a decade. However, insurers frequently receive claims or questions from policyholders about potential claims. This creates headaches for insurers and policyholders, because of the fine distinction between latent defects and consequential damages. Each and every claim is unique, which means that...

Blaney McMurtry LLP, McKercher LLP, Northpoint Legal, Ontario, Saskatchewan, March 03, 2025 – This webinar for claims handlers and adjusters, focuses on key strategies to navigate bad faith claims and reduce legal risks. Bad faith claims can result in costly litigation, substantial punitive damages, and reputational harm for insurers, making it essential to understand and manage these risks effectively. Our panel break down the complex legal principles of...

Cox & Palmer, New Brunswick, February 26, 2025 – Click here to download a copy of the article. Near the end of 2024, the New Brunswick Court of King’s Bench delivered the ruling in Trainor v DeArcos, 2024 NBKB 158, which provides interesting insights into the assessment of causation and damages in a personal injury claim. This decision addresses several concepts that are prevalent...