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A Dental Surgeon Changes his Work Pace Following a CVA – Partial Disability Insurance Benefits – Definition of Partial Disability

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:March 2017
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Cadotte v. Industrielle Alliance assurances et services financiers, 2016 QCCS 5603 The Court had to decide whether Dr. Louis Cadotte (“Dr. Cadotte”) should continue to collect partial disability insurance benefits from his insurer, Industrielle Alliance assurances et services financiers (“Industrielle”). … Read more »

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Water Main Breakage – Presumed Liability of the Custodian of the Water Main Network

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:March 2017
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Montréal (Ville de) v. Compagnie d’assurances Coseco, 2016 QCCA 2062 The Court of Appeal reversed a decision finding the City of Montreal (the “City”) liable on grounds that the trial judge committed an error of law in the application of … Read more »

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Auto Theft – Exclusion of “Care, Custody, or Control” in the Context of Liability Insurance – What Obligations do Hotel Companies and their Insurers have Regarding Vehicles that Belong to their Clients While they are Parked on their Property?

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:March 2017
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Compagnie canadienne d’assurances générales Lombard v. Promutuel Portneuf-Champlain, société mutuelle d’assurances générales, 2016 QCCA 1903 The Lombard General Insurance Company of Canada (“Lombard”) appealed a judgment rendered by the Court of Quebec ordering it to indemnify the insured, 3091-5177 Québec … Read more »

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Inquiry into the Conduct of a Claims Adjuster – Application of Litigation Privilege in respect of the Syndic

FIRM:Donati Maisonneuve
DATE:March 2017
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Lizotte v. Aviva, Compagnie d’assurance du Canada, 2016 SCC 52 The Supreme Court was called to rule again on litigation privilege. The Court had to examine whether the concept applied to the appellant, the assistant syndic of the Chambre de l’assurance … Read more »

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The Venmar Case: A Reminder of the Product Liability Principles

FIRM:Stein Monast
JURISDICTION:Quebec
DATE:March 2017
CATEGORIES:Articles, Knowledge Centre

Desjardins Assurances générales inc. c. Venmar Ventilation inc. 2016 QCCA 1911 The plaintiff, Desjardins Assurances générales inc. (hereinafter “Desjardins”), subrogated in the rights of the owners of a home that was damaged by fire, was suing the defendants, Venmar Ventilation … Read more »

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Tort of Unauthorized Public Disclosure of Private Facts in State of Flux Following Overturn of Default Judgment

FIRM:Cox & Palmer
DATE:March 2017
AUTHOR: Deirdre Wade
CATEGORIES:Articles, Knowledge Centre

Jane Doe 464533 v. ND 2016 ONSC 541 In Jane Doe, the defendant, the plaintiff’s ex-boyfriend, posted an intimate video of her on a pornographic website without her knowledge or consent.  The defendant had repeatedly asked the plaintiff to make a sexually … Read more »

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The Duty to Defend Does Not Arise Until Notice of the Claim is Given

FIRM:Cox & Palmer
DATE:March 2017
AUTHOR: Jorge Segovia
CATEGORIES:Articles, Knowledge Centre

Lloyd’s Underwriters v. Blue Mountain Log Sales Ltd., 2016 BCCA 352 Certain members of the Clarke Group of companies, manufacturers of goods in Canada and the United States, were sued in Washington State by the Global Group. In August, 2013, … Read more »

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Established Guidelines or Just Suggestions: Lifting Default Judgment

FIRM:Cox & Palmer
JURISDICTION:PEI
DATE:March 2017
AUTHOR: Steven Forbes
CATEGORIES:Articles, Knowledge Centre

City of Summerside v Total Machine Works Inc., 2016 PESC 41 Collins was the principal shareholder in two closely held corporations, Total Machine Works Inc. and Advanced Arc Welding Ltd. (the “Companies”). The Companies had performed work for the City … Read more »

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The Duty Of Care Owed By A Municipality To The General Public

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:March 2017
CATEGORIES:Articles, Knowledge Centre

Vlanich v. Typhair 2016 ONCA 517 The Plaintiffs were injured in a motor vehicle accident involving a taxi which was not insured in accordance with the municipal by-laws.  The by-laws required that taxis have a minimum of $1 million in insurance. … Read more »

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What it Means to be “Authorized by Law” to Drive

FIRM:Kelly Santini LLP
DATE:March 2017
CATEGORIES:Articles, Knowledge Centre

Middleton v Pankhurst, 2016 ONSC 3157 This case stems from a snowmobile accident. The defendant, Cal Pankhurst, picked up his friend Tyler Middleton, the plaintiff, on his snowmobile after Mr. Middleton was stranded on Lake Simcoe. On their way home, Mr. … Read more »

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