Quebec Court of Appeal Establishes Standard of Behaviour for Provisional Condo Administrator
FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:August 2015
AUTHOR:
No Author
CATEGORIES:Articles, Knowledge Centre
Syndicat de Copropriété du Villa du Golf v. Leclerc, 2015 QCCA 366 In this case, the Court of Appeal has issued critical principles regarding the standard of conduct expected from a property manager acting as the provisional director for a … Read more »
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Insurer Not Required to Compensate for Drowning Death Following Seaplane Crash
FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:August 2015
AUTHOR:
No Author
CATEGORIES:Articles, Knowledge Centre
Tremblay v. Great-West, Life-Insurance Company, 2014 QCCS 6730 The insurance benefit following the death of a person by drowning after a seaplane crash cannot be granted given the exclusion clause provided for as part of the deceased’s insurance policy in … Read more »
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Potential Effects of Climate Change on Liability Insurance
FIRM:Blaney McMurtry LLP
JURISDICTION:Ontario
DATE:July 2015
CATEGORIES:Articles, Knowledge Centre
Climate Change and Liability Insurance While property insurance has been at the forefront of insurers’ concerns resulting from climate change, liability insurance will also very probably be affected. As the effects of climate change become increasingly apparent, insurers can anticipate … Read more »
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Appeal of Master’s Special Chambers Ruling Successfully Defended
FIRM:CBM Lawyers
JURISDICTION:Alberta
DATE:July 2015
AUTHOR:
No Author
CATEGORIES:Articles, Knowledge Centre
In Phillips v Whyew, 2015 ABQB 365, Debra Woodske of CBM Lawyers successfully defended the appeal of the decision from her 2014 Master’s Special Chambers application to strike a claim for want of prosecution. The original application arose from a … Read more »
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Saskatchewan Court of Appeal reduces Punitive and Aggravated Damages Award in Disability Insurance Claim
FIRM:McKercher LLP
JURISDICTION:Saskatchewan
DATE:July 2015
CATEGORIES:Articles, Knowledge Centre
The Saskatchewan Court of Appeal released its decision in the monumental case of Branco v. American Home Assurance Company et al., 2015 SKCA 71, on June 19, 2015. At trial, the Saskatchewan Court of Queen’s Bench awarded Mr. Branco $4.5 … Read more »
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No Duty to Defend – Exclusion Clause Upheld Against Parental Negligence
FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:July 2015
CATEGORIES:Articles, Knowledge Centre
Unifund Assurance Company v. D.E., 2015 ONCA 423 – After their minor daughter and two other 8th graders were accused of bullying a fellow student to the extent of causing physical and psychological injuries, a claim was brought was against … Read more »
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Adding an Insurer Defendant to a Claim Based on Policy Endorsements
FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:July 2015
CATEGORIES:Articles, Knowledge Centre
In Vogler v Lemieux, 2014 ONSC 825, the plaintiff was appealing the decisions of Master Pope and of the Divisional Court regarding their dismissal for an order adding the insurer, Allstate Insurance Company of Canada, as a named party defendant. … Read more »
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Two Claims, but Only One Possible Payment for Accident Benefits
FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:July 2015
CATEGORIES:Articles, Knowledge Centre
The case of Toresho v Primmum Insurance Company, 2015 ONSC 516, is a summary judgment motion which involves a plaintiff who was applying for statutory accident benefits. The main issue was whether a plaintiff who elects and receives payments for … Read more »
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Creditor of Insured Unable to Enforce Judgment Against Insurance Company
FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:July 2015
CATEGORIES:Articles, Knowledge Centre
C.H. Robinson Worldwide v Northbridge Insurance (2015 ONSC 232) – C.H. Robinson Worldwide Inc. (“Robinson”) hired KLM Express Ltd. (“KLM”) to deliver food products. Under that contract, KLM was liable up to full value of the shipment. This was greater … Read more »
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Liability can be tried before damages in certain cases
FIRM:Cox & Palmer
JURISDICTION:Prince Edward Island
DATE:July 2015
AUTHOR:
No Author
CATEGORIES:Articles, Knowledge Centre
Rilling v. Stewart, 2014 PESC 29 Rilling, a passenger in a car, sued the operator of the vehicle, as well as the operator of an SUV. The driver of the SUV applied to bifurcate the trial, seeking to have liability … Read more »
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