Knowledge Centre

articles

Domtar Inc. v. Chubb Insurance Company of Canada – Professional Secrecy: A Limit to the Insured’s Obligation to Cooperate

FIRM:Stein Monast
JURISDICTION:Quebec
DATE:August 2016
AUTHOR: Jocelyn Aucoin
CATEGORIES:Articles, Knowledge Centre

The insured’s obligation to cooperate with his insurer is now a well-established concept in Quebec law. In a decision rendered May 25, 2015, the Court of Appeal reminded us of the importance of this obligation, ruling as follows on the … Read more »

Read more »

TWO INSURERS – WHO DOES WHAT?

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:August 2016
AUTHOR: Mitch Kitagawa and Kate Agyemang
CATEGORIES:Articles, Knowledge Centre

Corresponding Insurer Obligations: 2nd Payors Must Inquire & 1st Payors Must Promptly Respond Arcelormittal Dofasco Inc v Industrial Alliance Insurance and Financial Services, 2016 ONCA 224 In this case, D.C., a woman with a rare blood disease, was prescribed the … Read more »

Read more »

New deductibles applicable retroactively

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:August 2016
CATEGORIES:Articles, Knowledge Centre

Corbett v Odorico, 2016 ONSC 1964 – This is a post-verdict decision with respect to the applicable statutory deductibles, pre-judgment interest calculation, and set-offs to this decision. The jury returned its verdict on December 16, 2015, and awarded the Plaintiff … Read more »

Read more »

Discoverability: The Statement of Claim is the Opportune Window

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:August 2016
AUTHOR: Mitch Kitagawa and Kate Agyemang
CATEGORIES:Articles, Knowledge Centre

Szanati v Melnychuk, 2016 ONSC 1293 – The evening of December 31, 2008, eight year old Maia Szanati was running in her home and fell headfirst into a table, dislodging her two front teeth. Maia was transported by ambulance to … Read more »

Read more »

Implied Consent is more than Subjective Belief

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:August 2016
AUTHOR: Mitch Kitagawa and Kate Agyemang
CATEGORIES:Articles, Knowledge Centre

Watts v Bowman, 2016 ONSC 3994 arose after the Defendant, Ms. Amanda Bowman, was involved in a motor vehicle accident with the Plaintiff, while driving her mother’s car. Liability and damages were not dispute. However, as the owner of a … Read more »

Read more »

Successful Settlement Agreement Enforced

FIRM:Cox & Palmer
JURISDICTION:Nova Scotia
DATE:August 2016
AUTHOR: Amy MacGregor
CATEGORIES:Articles, Knowledge Centre

Webber v Boutilier, 2016 NSSC 5 The defendants successfully brought a motion to enforce a settlement agreement in a personal injury action.  Webber commenced two separate actions seeking damages arising from a slip and fall accident and motor vehicle accident … Read more »

Read more »

Court Denies Request to Dismiss Action For Want of Prosecution

FIRM:Cox & Palmer
JURISDICTION:Newfoundland & Labrador
DATE:August 2016
AUTHOR: Jorge Segovia
CATEGORIES:Articles, Knowledge Centre

Fennelly v Lloyd’s Underwriters, 2016 NLTD(G) 1. Fennelly’s fishing vessel suffered physical damage in January, 2006. He sought payment under a Marine Insurance policy, issued by Lloyd’s Underwriters. The policy insured the vessel for $500,000 against total loss, whether actual … Read more »

Read more »

In solidum liability in Life-Insurance matters – The liability of the broker for having represented that a universal life insurance policy was paid for life after 7 years of premiums, contrary to the provisions stated in the policy

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:July 2016
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Roy c. Lefebvre, [2016] QCCA 660. This involves two appeals from a judgment handed down by the Superior Court granting a motion to institute proceedings filed by Douglas Robinson (“Robinson”) and solidarily condemning the appellants, Pierre Roy (“Roy”), Lafortune & … Read more »

Read more »

Disability Insurance – In situations where it is impossible to act, the one-year delay stipulated in Article 2435 C.C.Q. is a compulsory period that extinguishes the insured’s right to receive benefits regardless of whether the insured is aware of the loss or not

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:July 2016
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Mohamed Benkhaldoun c. Financière Manuvie, [2016] QCCA 498. This case is anconsists in the appeal of from a judgment rendered by the Court of Quebec granting a motion for in dismissal inadmissibility by Financière Manuvie (“Manulife”) and dismissing the motion … Read more »

Read more »

Computer Hacking – No obligation to indemnify or to defend due to an applicable exclusion provision except when the contractual and extra-contractual liability of the insured can be incurred following an event

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:July 2016
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Aldo Group Inc. c. Chubb Insurance Company of Canada, [2016] QCCA 554. Aldo Group Inc. (“Aldo”) in appeal from a judgment handed down by the Superior Court, confirming the position of Chubb Insurance Company of Canada (“Chubb”) to the effect … Read more »

Read more »