The apparent case law controversy over the question of the right to an insurance indemnity for theft where fraud is involved.
FIRM:Stein Monast
JURISDICTION:Quebec
DATE:July 2017
AUTHOR:
Jessica Gauthier
CATEGORIES:Articles, Knowledge Centre
In the case of 6916643 Canada inc. c. Intact, compagnie d’assurances1 , in the context of an application for leave to appeal, the Court of Appeal made a pronouncement on the question of the right to an insurance indemnity for theft … Read more »
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Grocer Deemed to be Occupier of Sidewalk in Front of Store
FIRM:CBM Lawyers
JURISDICTION:Alberta
DATE:July 2017
AUTHOR:
No Author
CATEGORIES:Articles, Knowledge Centre
This follows an appeal from a successful Summary Judgment Application in Master’s Chambers by the Defendant, Sobey’s. The matter arises out of a trip and fall incident on a sidewalk in front of the Sobey’s store after a dog lunged … Read more »
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Chambre de la sécurité financière – Ethics – Analysis of Needs – Universal Life Insurance – Judicial Notice of the Disciplinary Board
FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:July 2017
AUTHOR:
No Author
CATEGORIES:Articles, Knowledge Centre
Lelièvre v. Bonnici, [2017] QCCQ 5601 The Syndic of the Chambre de la sécurité financière (“The Syndic”) decided to appeal a decision made by the Disciplinary Board of the Chambre de la sécurité financière (“The Board”) rejecting the complaints filed against Pascale … Read more »
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Fraud – Goods Purchased with a Counterfeit Cheque – Does an “All Risk” Insurance Policy Cover Property Losses Due to Fraud?
FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:July 2017
AUTHOR:
No Author
CATEGORIES:Articles, Knowledge Centre
6916643 Canada Inc. v. Intact, compagnie d’assurances, [2017] QCCA 660 6916643 Canada Inc. (“Canada Inc.”) filed an application for leave to appeal following a decision dismissing its claim for indemnification for losses incurred in the context of fraud. The Facts Canada Inc. … Read more »
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Group Insurance – Mortgage Loan – The Mortgagor’s Obligations – Impact of the Mortgagor’s Faults on the Insurer’s Liability
FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:July 2017
AUTHOR:
No Author
CATEGORIES:Articles, Knowledge Centre
Bérubé v. Desjardins Assurances, [2017] QCCQ 2219 Pascal Bérubé (“Bérubé”) claimed $13,724.77 from Desjardins Sécurité Financière, compagnie d’assurance vie (“Desjardins Insurance”) as life insurance benefits following the death of his spouse. The Facts In 2002, Bérubé and his spouse, Annick Blanchette (“Blanchette”) … Read more »
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Car Insurance – Aggravated or Distinct Bodily Injury Due to Subsequent Faults Committed by a Third Party – No-Fault Compensation System – Possibility of Instituting a Civil Remedy?
FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:July 2017
AUTHOR:
No Author
CATEGORIES:Articles, Knowledge Centre
Godbout v. Pagé, [2017] SCC 18 The Court had to decide whether a person who was injured in a car accident and whose condition was aggravated due the subsequent fault of a third party can institute a civil liability remedy against the … Read more »
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When One Size Doesn’t Fit All: Relationships & the Interpretation of Dependency for the Purposes of Accident Benefits
DATE:July 2017
CATEGORIES:Articles, Knowledge Centre
Intact Insurance Company v. Allstate Insurance Company of Canada, 2016 ONCA 609 In this case, Ms. Paula Chartrand had commenced a long-distance relationship with Mr. Kyle Houghton. As the relationship progressed, Ms. Chartrand decided to leave her husband and move from … Read more »
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Insurers Bear the Burden of Non-Compliance with Non-Renewal Notice Requirements
DATE:July 2017
CATEGORIES:Articles, Knowledge Centre
Echelon General Insurance Co. v. Ontario (Minister of Finance), 2016 ONSC 5019. The insured purchased a six month automobile insurance policy in December 2008. Just ten days later Echelon purported to cancel the policy due to non-payment of premiums. The notice … Read more »
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Building a Modern Defence Lawyer: A Q&A with CDL President Jade Spalding
DATE:July 2017
AUTHOR:
No Author
CATEGORIES:Articles, Knowledge Centre
A Q&A with Canadian Defence Lawyers President Jade Spalding of Cox & Palmer Why did you became involved with Canadian Defence Lawyers (CDL) I wanted to get involved in an organization related to the defence practice that could provide specialized … Read more »
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Building Replacement Insurance and Carter v. Intact Insurance Co.
FIRM:Scott Venturo Rudakoff LLP
JURISDICTION:Alberta
DATE:June 2017
CATEGORIES:Articles, Knowledge Centre
The Ontario Court of Appeal recently released their decision in Carter v Intact Insurance Co. This is an important case for both property owners and insurers. The case confirms the approach that Canadian courts will take when assessing disputes between … Read more »
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