Publications

Donati Maisonneuve, Quebec, February 16, 2017 – Bourdeau v. Desjardins Sécurité Financière, [2016] QCCQ 10602. The Court was asked to rule on whether Michel Bourdeau (“Bourdeau”) could be considered totally disabled under the insurance coverage issued by Desjardins Sécurité Financière (“Desjardins”), that is to say, if he is able to work normally in terms of quantity, quality, and duration. In 2007, Bourdeau...

Donati Maisonneuve, Quebec, February 16, 2017 – Fortin v. Humania, compagnie d’assurances inc., [2016] QCCQ 12079. The Court was asked to rule on a claim filed by Jean-Niel Fortin (“Fortin”) regarding his right to compensation under a disability insurance policy issued by Humania, compagnie d’assurances inc. (“Humania”) in the event of an accident and his right to compensatory damages. Read more.

Cox & Palmer, New Brunswick, February 16, 2017 – As of January 1, 2017, Rule 22 of the New Brunswick Rules of Court for ‘Summary Judgment’ was repealed and replaced. Rule 22 for Summary Judgment has now been transformed from a means to weed out unmeritorious claims to a significant alternative model of adjudication. When faced with a lawsuit, a Summary Judgment Motion is...

Cox & Palmer, Newfoundland & Labrador, February 16, 2017 – Unifund Assurance Company v Churchill, 2016 NLCA 73 In this case, the Newfoundland & Labrador Court of Appeal considered the scope of the implied undertaking rule in circumstance involving an independent medical examination. Churchill, who was injured in a motor vehicle accident, commenced a tort claim against the other driver. He also claimed, and initially...