Knowledge Centre

Zaccardo v. Chartis Insurance Company of Canada, 2016 QCCS 398 A young hockey player and his insurance company are ordered to pay $8 million to a young man who was rendered paraplegic, and to his family, after he received a … Read more »

Desjardins Sécurité financière, compagnie d’assurance vie v. Émond, 2016 QCCA 161 The Court of Appeal has confirmed that the scope of the expression “indictable offence” as it appears in section 2402 of the Civil Code of Quebec (“C.C.Q.”) is limited … Read more »

British Columbia is in the process of rolling out a new dispute resolution mechanism for strata disputes and matters falling within the Provincial Court Small Claims jurisdiction ($25,000.00). The object of the Civil Resolution Tribunal (the “CRT”) is admirable. The … Read more »

In Berlinic v Peace Hills General Insurance Company, 2016 ABQB 104, Debra Woodske of CBM Lawyers successfully argued a Master’s Special Chambers application to strike a claim for want of prosecution. The claim was advanced against the Insurer, the Broker … Read more »

The monetary limit for civil claims at the Small Claims Court in Saskatchewan was increased from $20,000 to $30,000, effective February 4, 2016.  The increase to the monetary limit is a result of the Small Claims Review Project carried out … Read more »

Ontario Society for the Prevention of Cruelty to Animals v. The Sovereign General Insurance Company, 2015 ONCA 702 – This is an appeal from the Order of C.J. Brown J. of the Ontario Superior Court of Justice granting a declaration … Read more »

Nikolakakos v Hoque et al. 2015 ONSC 4738 – This is a motion brought by the Defendants in a personal injury action for an Order compelling the Plaintiff to attend a defence medical examination with an orthopedic surgeon. The Plaintiff … Read more »

Desjardins Sécurité financière, compagnie d’assurance vie c. Émond, 2016 QCCA 161 On February 2, 2016, the Court of Appeal handed down a decision on the limits of the application of the first paragraph of Article 2402 C.C.Q., which allows an … Read more »

The extrinsic evidence permitted when presenting a Wellington motion must not open up a debate about the merits of the dispute between the third party who is suing and the insured who is being sued. We were recently reminded of … Read more »

Much ink has been spilled on the BC courts’ decisions in Acciona Infrastructure Canada Inc. v. Allianz Global Risks US Insurance Company.1  But the lion’s share of the commentary has focussed on the defect exclusion at issue in that case, … Read more »