Publications

Blaney McMurtry LLP, Ontario, January 19, 2017 – Every day, experts prepare reports for lawyers so that they can be qualified to give expert opinion evidence at trial.  Almost all these experts are insured under errors and omissions policies.  Many of these experts are indirectly retained by insurance companies.  Most of the experts never give evidence at trial.  But their reports are relied...

CBM LLP, Alberta, January 19, 2017 – The Defence Wins – Nanette Kufeldt and Kunal Nand successfully appealed the decision of a Master dismissing a Summary Judgment Application. The Court of Queen’s Bench set aside the Master’s decision and dismissed the Plaintiff’s Action against the Directors of his corporate employer for injuries arising from a work-related accident. Read more.

Blaney McMurtry LLP, Ontario, December 12, 2016 – The British Columbia Court of Appeal has now set the record straight about pre-tender defence costs:  If a policy expressly states that an insured must not incur expenses without the insurer’s consent, then the insured will not be entitled to reimbursement for any expenses that were incurred on its behalf prior to notifying the insurer...

McKercher LLP, Saskatchewan, October 14, 2016 – In a decision released September 15, 2016 the Supreme Court of Canada ruled on the interpretation of the exclusion found in most all-risk policies for the cost of making good faulty workmanship. The Supreme Court of Canada simplified the analysis, yet narrowed the interpretation of that exclusion clause such that it will likely apply less...