Knowledge Centre

Gendron v. Équipements Yves Landry Inc., 2017 QCCQ 2563 Claude Gendron (“Gendron”) claimed $15,000 from Équipements Yves Landry Inc. (“Équipements”) for damages after falling in the company’s warehouse. The Facts On May 29, 2013, Gendron went to Équipements to make a purchase. … Read more »

A Summary of Key Principles: The duty of an occupier is to take such care as in all of the circumstances is reasonable to ensure that lawful visitors are reasonably safe. The fact that a slip and fall occurs does … Read more »

Dominic Clarke, along with Blaneys’ associate Zack Garcia, authored an Insurance & Reinsurance ‘Thought Leadership’ piece for the 2017/2018 Expert Guides’ Guide to the World’s Leading Insurance & Reinsurance Lawyers publication. Read More

Wilk v Arbour, 2017 ONCA 21. This is an appeal from an order of Faieta J. dismissing the Plaintiff’s motion for summary judgement under the Dog Owner’s Liability Act and granting the Plaintiff’s cross-motion, finding that she was entitled to damages. … Read more »

Although this seems to be a concept that is basically quite simple and well defined in the insurance industry, the courts of Quebec and Ontario have recently been called upon to rule on the concept of replacement cost. Accordingly, we are … Read more »

In the recent decision of Wärtsilä Canada Inc. v. Transport Desgagnés Inc., 2017 QCCA 1471, the Quebec Court of Appeal decided that the trial judge had erred in law by determining that the contract between the parties was governed by … Read more »

The Appellant, Andrew Sabean, was injured in a motor vehicle accident in 2004. In May 2013, a jury awarded Mr. Sabean damages for his injuries in the amount of $465,400.00. The amount he received from the Tortfeasor’s Insurer was about … Read more »

Mr. Birss (the “Plaintiff”) was a taekwondo member with the Tien Lung Taekwon-Do Club and Authentic South Side Taekwon-Do Club (the “Defendant Clubs”). The agreement between the Plaintiff and Defendant Clubs contained a waiver of liability covering negligence, gross negligence, … Read more »

Intact Insurance Company v Beaudry, 2016 ONSC 6127 This was an application brought by the Insurer, Intact Insurance Company (Intact), to determine the proper interpretation of section 44 of the Statutory Accident Benefits Schedule (SABS).  Section 44 of the SABS provides … Read more »

Caithesan v. Amjad, 2016 ONSC 5720 In this case the Plaintiffs brought  motions for summary judgment against the Defendant, Saad Amjad (Amjad) who was 16 years old at the time of the incident.  He had taken his mother’s car without consent … Read more »