Knowledge Centre

articles

Quebec’s New Code of Civil Procedure: Towards a New Culture of Law

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:August 2013
AUTHOR: Leïla Jananji
CATEGORIES:Articles, General, Knowledge Centre

On April 30, 2013, the Québec Minister of Justice, Mtre Bertrand St-Arnaud, introduced Bill 28 – An Act to Establish the New Code of Civil Procedure. If adopted, this Bill will replace the current Code of Civil Procedure. Apart from … Read more »

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Broker has no obligation to ask about the insured’s criminal background

FIRM:Stein Monast LLP
JURISDICTION:Quebec
DATE:August 2013
CATEGORIES:Articles, Coverage, General, Knowledge Centre, Professional Liability

On May 14, 2008, the plaintiff’s building was completely destroyed by fire. His insurer refused to indemnify him and insisted that the policy be cancelled because it would never have been issued had it known that the plaintiff was dealing … Read more »

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Three Years On: Insight and Guidance on Alberta’s New Rules of Court

FIRM:Chomicki Baril Mah LLP
JURISDICTION:Alberta
DATE:July 2013
CATEGORIES:Articles, General, Knowledge Centre, Medical Examinations

The three-year mark is nearing since the overhaul of the Alberta Rules of Court (New Rules).  These rules were implemented with the goal of making the court process more efficient and more cost effective. The transition period from the previous … Read more »

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Data Risk, Privacy Breach and Insurance Coverage

FIRM:Blaney McMurtry LLP
JURISDICTION:Ontario
DATE:June 2013
CATEGORIES:Articles, Knowledge Centre, Privacy

The advent of cloud computing has meant that the data storage capacity available to business and institutions has become limitless. Read more »

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Contracting Out of the Duties of and Occupier

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:June 2013
AUTHOR: Mitch Kitagawa and Colin Diamond
CATEGORIES:Articles, Knowledge Centre, Occupiers liability

While the Occupiers’ Liability Act (OLA) imposes an affirmative duty on occupiers to ensure that their premises is reasonably safe for persons entering upon them, section 6.(1) seemingly allows an occupier to pass that duty onto a sub-contractor – or … Read more »

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The Challenges of Dealing with Self-Represented Litigants

FIRM:Blaney McMurtry LLP
JURISDICTION:Ontario
DATE:June 2013
CATEGORIES:Articles, General, Knowledge Centre

This article will focus on common pitfalls to avoid when dealing with a self-represented litigant and provide a checklist of steps to help navigate an effective course through the litigation from claims examiner through to counsel. Read more.

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The New Rule of Discovery: Proportionality

FIRM:Lindsay LLP
JURISDICTION:British Columbia
DATE:May 2013
AUTHOR: Carmen H. Place
CATEGORIES:Articles, General, Knowledge Centre

Recent changes to the Rules of Court in several jurisdictions of Canada have introduced the rule of proportionality to the civil litigation process.  While some consider that proportionality has always been a part of Canada’s jurisprudence the changes to the … Read more »

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Loss or damage attributable to criminal acts or the insured’s intentional fault: What is the state of things?

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:May 2013
AUTHOR: No Author
CATEGORIES:Articles, Coverage, Knowledge Centre, Property & casualty, Uncategorized

On January 16, 2013, the Court of Appeal rendered a judgment in the case of Place Biermans Inc. et al. v. C.D. and AXA Insurance Inc. where it clearly indicated that the predictability of a fire in a neighbouring building … Read more »

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UNION CANADIENNE (L’), COMPAGNIE D’ASSURANCES V. HOULE, 2013 QCCA 677

FIRM:Stein Monast LLP
JURISDICTION:Quebec
DATE:May 2013
AUTHOR: Jocelyn Aucoin
CATEGORIES:Articles, Coverage, Knowledge Centre

Recently, the Court of Appeal rendered an interesting decision on the exclusion regarding construction used for illegal or criminal activities, specifying that the determining factor when analyzing of the application of such an exclusion is the use for illicit ends … Read more »

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What’s New in Threshold Case Law in Ontario

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:April 2013
CATEGORIES:Articles, Automobile, Knowledge Centre, Life and disability

The plaintiff in an action further to a motor vehicle accident has the onus of establishing, on the balance of probabilities, that his or her injuries meet the statutory threshold as set out by the Insurance Act, R.S.O. 1990, c.I.8 … Read more »

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