Knowledge Centre

Watkins v Western Assurance Company, 2016 ONSC 2574 The Plaintiff’s mother was injured in a motor vehicle accident in 2003 when he was 15 years old. The Plaintiff was not in the car at the time of the accident.  In 2011 … 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 Saadati v. Moorhead, 2017 SCC 28, the Supreme Court of Canada clarified the evidentiary requirements for a plaintiff to prove mental injury in a negligence claim. Previously, it was commonly understood that establishing mental injury … Read more »

Chiasson v. Station Mont-Sainte-Anne inc., [2016] QCCS 6873 Alain Chiasson (“Chiasson”) claimed $128,400 in damages from Station Mont-Sainte-Anne inc. (the “Station”) after he fell on a ski trail. It was the start of the season, and he had been skiing along the unpacked … Read more »

Ace European Group Ltd. v. Canadian National Railway Company, [2017] QCCS 2531 Ace European Group Ltd. (“Ace”) claimed 593,606 USD from Canadian National Railway Company (“CN”) as compensation for an insurance claim after two subway cars under its care were derailed. The … Read more »

Poulin v. Humania Assurances inc., [2017] QCCQ 4227 Ms. Sophie Poulin (“Poulin”) claimed $15,000 in disability insurance benefits from her insurer, Humania Assurances inc. (“Humania”). The Facts On November 5, 2013, Poulin completed an insurance proposal with a broker authorized to offer … Read more »

Gervais v. Chaput, [2017] QCCS 752 Christian Chaput (“Chaput”) submitted a claim to force his insurer, Promutuel Vallée du St-Laurent (“Promutuel”) to assume his defence for the damages suffered by his spouse and children. The Facts Ms. Valérie Gingras (“Gingras”) and her … Read more »

Rule 30.10(1) of the Prince Edward Island Rules of Civil Procedure allows for production of documents in the possession, power or control of non-parties where the document is not privileged and a) the document is relevant to a material issue in the … Read more »

Intact Insurance Company v Federated Insurance Company of Canada, 2017 ONCA 73 A father and his son were involved in an accident with another vehicle insured by Federated.  The injured son claimed statutory accident benefits from the insurer of that vehicle, … Read more »

Unifund Assurance Co v Dominion of Canada General Insurance Co, 2016 ONSC 4337 This case arose when an insured, who owned and operated an automobile repair shop, was injured in a motor vehicle accident while riding in a customer’s vehicle. The … Read more »