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Donati Maisonneuve, Quebec, October 13, 2016 – Ferme Vi-Ber inc. v. Financière agricole du Québec, [2016] CSC 34. The Supreme Court had to determine the nature of the plan between Ferme Vi-Ber inc. et al. (the “appellants”) and La Financière agricole du Québec (“La Financière”), to determine whether it could be considered a contract, and if so, whether it is governed by the... -
Articles
When is it really too late? Adding parties outside of the limitation period on Subrogated Claims.
CBM LLP, Alberta, September 16, 2016 – One of the challenges in subrogation claims is identifying all of the potential Defendants. For example, in a claim alleging a manufacturing defect, the ‘manufacturer’ may have sourced our part or all of the manufacturing process. This sometimes creates challenges in ensuring that all potential defendants are at the table when litigation commences. In Alberta... -
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Kentt Coburn
Kelly Santini LLP, Ontario, September 16, 2016 – State Farm Mutual Automobile Insurance Company v Aslan et al., 2016 ONSC 2725 In this case, State Farm sought an order to compel each respondent to attend an examination under oath (examination) pursuant to section 33 of the Statutory Accident Benefits Schedule – O. Reg 34/10 (Schedule). At issue was whether State Farm had provided... -
Donati Maisonneuve, Quebec, September 16, 2016 – Grégoire v. Les Placements Monfer Inc., [2016] QCCQ 4845. The Court had to decide whether the injury suffered while exiting a motor vehicle constitutes a motor vehicle accident under the rules on compensation in the Automobile Insurance Act (the “Act”) or if it falls within the jurisdiction of the general civil liability regime. On February...
