Court Ruling Causes Confusion on Retroactive Interest Rates
FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:September 2015
CATEGORIES:Articles, Knowledge Centre
El-Khodr v Lackie, 2015 ONSC 4766 – This action arose from damages relating to the catastrophic injuries sustained by Mr. Kossay El-Kohdr during a motor vehicle accident when his car was rear-ended by Mr. Raymond Lackie, while he was driving … Read more »
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Lawyer-Diagnosis Does Not Trigger Start of Limitation Period
FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:September 2015
CATEGORIES:Articles, Knowledge Centre
Farhat v Monteanu, 2015 ONSC 2119 – This action arose out of a motor vehicle collision involving two vehicles on May 18, 2006. On May 26, 2006, Syed Farhat’s lawyer, Mr. Mazin, wrote to the Defendant stating that Syed had … Read more »
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Statutory Examination and the Insured’s Legal Obligation to Cooperate in the Insurer’s Investigation
FIRM:Stein Monast S.E.N.C.L.R.
JURISDICTION:Quebec
DATE:September 2015
CATEGORIES:Articles, Knowledge Centre
Intact Assurances inc. v. 9221-2133 Québec inc. (Centre Mécatech), 2015 QCCA 916 The insurer’s investigation is an important step in the claims process, which begins as soon as the loss occurs. The Civil Code of Quebec (hereinafter, “C.C.Q.”) states that … Read more »
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An Insured by Any Other Name
FIRM:Scott Venturo LLP
JURISDICTION:Alberta
DATE:August 2015
CATEGORIES:Articles, Knowledge Centre
Conradi v Economical Mutual Insurance Company, 2015 ABQB 308 and Burch v Intact Insurance Company, 2015 ABCA 229 both deal with the resolution of ambiguities in insurance contracts. In Conradi the court resolved the ambiguity against the insurer because the … Read more »
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Summary Judgment Granted in Social Host Liability Case
FIRM:CBM Lawyers
JURISDICTION:Alberta
DATE:August 2015
CATEGORIES:Articles, Knowledge Centre
In Robinson v Lewis, 2015 ABQB 385, CBM Lawyers successfully defended a social host in a claim for injuries arising from an assault between two party guests. The claim was dismissed following a summary judgment application on the grounds that … Read more »
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Defining the Boundaries: Alberta Court of Appeal Provides Guidance on the Obligation of Condominium Boards’ to Insure Property Located within Condominium Units
FIRM:CBM Lawyers
JURISDICTION:Alberta
DATE:August 2015
CATEGORIES:Articles, Knowledge Centre
In Alberta Residential Corporation v Certain Lloyd’s Underwriters, 2015 ABCA 195, CBM Lawyers, acting as Intervenors, along with the Respondents, successfully opposed an Appeal brought by the Insurer for a condominium board. The question that was put to the Court … Read more »
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Summary Judgment Granted in Patron-Patron Assault Case
FIRM:CBM Lawyers
JURISDICTION:Alberta
DATE:August 2015
CATEGORIES:Articles, Knowledge Centre
In Rai v 1294477 Alberta Ltd (Vinyl Retro Dance Lounge), 2015 ABQB 349, CBM Lawyers successfully defended an Edmonton dance club in a claim for injuries arising from a patron-patron assault. The claim was dismissed following a summary judgment application … Read more »
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Ontario Court of Appeal Rules that Bullying is not Covered by a Standard Homeowners’ Insurance Policy
FIRM:McKercher LLP
JURISDICTION:Saskatchewan
DATE:August 2015
CATEGORIES:Articles, Knowledge Centre
Recently, the Ontario Court of Appeal released its decision in Unifund Assurance Company v. D.E., 2015 ONCA 423 (companion appeal: C.S. v. TD Home and Auto Insurance Company, 2015 ONCA 424). Briefly stated, the respondents, D.E. and L.E., had a … Read more »
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Forum of Necessity Exception Used After Defendant’s Delay Creates Access to Justice Issue
FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:August 2015
CATEGORIES:Articles, Knowledge Centre
In Ibrahim v Robinson, 2015 ONCA 21, the defendant brought a motion to dismiss the action for want of jurisdiction. The plaintiff had sued in Ontario for damages arising out of a motor vehicle accident in Michigan. The defendant waited … Read more »
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Brokers Must Explain to Insureds What Perils are Not Covered
FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:August 2015
CATEGORIES:Articles, Knowledge Centre
Corrigan v Crain & Schooley Insurance Brokers Ltd, 2015 ONSC 3721 This summary judgement motion arises from a tarp barn that collapsed in December of 2012. When the Plaintiff’s wife contacted the insurer, she was told they were not covered … Read more »
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