Publications

Kelly Santini LLP, Ontario, August 17, 2017 – Aviva Insurance Company of Canada v McKeown, 2017 ONCA 563 – This case resulted from an appeal from Aviva Insurance Company of Canada (“Aviva”) regarding notice an insurer must provide to examine under oath (“examination) an applicant claiming benefits under the Statutory Accident Benefits Schedule – O. Reg 34/10 (the “Schedule”). At issue was whether the...

Stein Monast, Quebec, July 17, 2017 – Although this seems to be a concept that is basically quite simple and well defined in the insurance industry, the courts of Quebec and Ontario have recently been called upon to rule on the concept of replacement cost. Accordingly, we are providing you with an overview of the decisions in Gestion Ignièce inc. c. Les...

Stein Monast, Quebec, July 17, 2017 – In the case of 6916643 Canada inc. c. Intact, compagnie d’assurances1 , in the context of an application for leave to appeal, the Court of Appeal made a pronouncement on the question of the right to an insurance indemnity for theft when in fact the loss was due to fraud. The petitioner, 6916643 Canada Inc., had...

CBM LLP, Alberta, July 17, 2017 – This follows an appeal from a successful Summary Judgment Application in Master’s Chambers by the Defendant, Sobey’s.  The matter arises out of a trip and fall incident on a sidewalk in front of the Sobey’s store after a dog lunged at the Plaintiff.  The dog in question had been tied to something outside of the...