Knowledge Centre

It is relatively commonplace for corporations to allow their corporate officers to also use the company vehicle for personal use. In MacInnis v Rayner & Raylink, 2016 PESC 40, the PEI Supreme Court addressed the circumstances in which a court … Read more »

In the decision of Douthwright v. Duffy, 2015 NBQB 224, the 43 year old Douthwright was injured in a serious roll-over accident. Liability was admitted, but the parties differed on damages.  Douthwright alleged the accident caused soft-tissue injuries, chronic pain, … Read more »

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, … Read more »

Silva v John Doe, 2016 ONSC 307 Section 25(1) of the Motor Vehicle Claims Act, R.S.O 1990, c.M41 (Act) precludes payments out of the Motor Vehicle Accident Claims Fund (Fund) to any person “who ordinarily resides in a jurisdiction outside Ontario” at the … Read more »

Monk v. Farmers’ Mutual Insurance Co. (Lindsay) 2015 ONCA 911
 In this case, the appellant hired a restoration company to restore the exterior of her home using a renovation technique that involved the use of water. The company was required by … Read more »

Dams v TD Home and Auto Insurance Company 2016 ONCA 4 This case concerned the appeal and cross-appeal of a Superior Court of Justice decision from November 2014. On June 26, 2009, the appellant, Wolfgang Dams, stopped his motorcycle for a … Read more »

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 … Read more »

Laporte v. Intact, compagnie d’assurances, [2016] QCCS 3922. The Court had to decide whether the insurer has the right to deny compensation and cancel the insured’s insurance contract ab initio. On July 24, 2011, while he was absent, Jimmy Laporte’s (“Laporte”) … Read more »

Aviva, compagnie d’assurances du Canada v. Sherbrooke (City of), 2016 QCCQ 6901. The Court had to decide whether litigation privilege and professional secrecy apply to the insured’s statement to its insurer. Following a flood, Aviva, compagnie d’assurances du Canada (“Aviva”) compensated … Read more »

Syndicat des copropriétaires Le Crystal de la montagne v. Le Crystal de la montagne, s.e.c., [2016] QCCS 3218. The Court was seized of a Wellington Motion by the defendant-in-warranty and in sub-warranty, Les Tuyaux Logard inc. (“Logard”), which was seeking … Read more »