Publications

Donati Maisonneuve, Quebec, September 11, 2017 – Gervais v. Chaput, [2017] QCCS 752 Christian Chaput (“Chaput”) submitted a claim to force his insurer, Promutuel Vallée du St-Laurent (“Promutuel”) to assume his defence for the damages suffered by his spouse and children. The Facts Ms. Valérie Gingras (“Gingras”) and her sons, Benjamin and Laurick, were passengers aboard a boat that was being driven by Chaput...

Cox & Palmer, Ontario, September 11, 2017 – Rule 30.10(1) of the Prince Edward Island Rules of Civil Procedure allows for production of documents in the possession, power or control of non-parties where the document is not privileged and a) the document is relevant to a material issue in the action and b) it would be unfair to require the moving party to proceed to...

Kelly Santini LLP, Ontario, September 11, 2017 – Intact Insurance Company v Federated Insurance Company of Canada, 2017 ONCA 73 A father and his son were involved in an accident with another vehicle insured by Federated.  The injured son claimed statutory accident benefits from the insurer of that vehicle, Intact.  Intact denied the claim as it took the position that it had cancelled the...

Kelly Santini LLP, Ontario, September 11, 2017 – Unifund Assurance Co v Dominion of Canada General Insurance Co, 2016 ONSC 4337 This case arose when an insured, who owned and operated an automobile repair shop, was injured in a motor vehicle accident while riding in a customer’s vehicle. The insured applied to his own insurance, Dominion Insurance, rather than the insurance of his customer,...