Mondaq Canada: Insurance
Stewart McKelvey
Two recent Nova Scotia decisions have clarified the issue of limitation periods in disability insurance policies and "rolling" limitation periods.
Lerners
The Divisional Court, in Cotnam v The National Capital Commission, ([2014] ONSC 3614), considered the applicability of the rebuttable presumption contained in section 4 of the Occupiers' Liability Act.
Norton Rose Fulbright Canada LLP
On November 3, 2014, the Quebec Court of Appeal handed down a decision in one of the many cases to come before the Quebec courts stemming from the Cinar debacle.
McLennan Ross LLP
In a recent email alert we considered the issue of advance payments under the Fair Practice Regulation and the Insurance Act.
Clyde & Co
A Canadian first on the law of waivers was decided on a successful motion for summary judgment by the defendants, a London Market Syndicate.
Lerners
In Linamar Transportation Ltd. v. Johnson ( 2014 ONSC 4415), the Ontario Superior Court and Divisional Court were called upon to consider the meaning of "best-efforts" in the context of the obligation to answer undertakings given on examination for discovery.
Norton Rose Fulbright Canada LLP
Under Article 2474 of the Civil Code of Québec (CCQ), insurers are prohibited from taking subrogatory action against members of an insured’s household.
Lerners
On October 31, 2014, Arbitrator Fadel released his decision in Josey and Primmum Insurance Co. In this case, the sole issue was whether the Applicant was entitled to attendant care benefits.
Norton Rose Fulbright Canada LLP
The Alberta Court of Appeal recently examined the law regarding when an advance payment for damages can be made under the Fair Practices Regulation of the Insurance Act.
Lerners
In Singh and State Farm Mutual Automobile Insurance Company (FSCO A12-007594), Arbitrator Bayefsky considered whether the Applicant failed to attend an Examination Under Oath (EUO) and the consequences of same.
Blaney McMurtry LLP
The Court addressed whether the insurer of a renter of a vehicle who is not named as a defendant in the main action has priority over the insurer of the owner.
Lerners
A motion for summary judgment can be a valuable tool for municipalities.
Clark Wilson LLP
In the recently decided case of Acciona Infrastructure Canada Inc. v. Allianz Global Risks US Insurance Co., the BC Supreme Court addressed some interesting and novel issues concerning Course of Construction (COC) insurance.
McMillan LLP
In an era where regulation is surpassing law on the radars of most in-house counsel and other risk managers, this question has never been more pressing.
Lerners
The Court of Appeal's recent decision in Sagan v. Dominion [2014 ONCA 720] confirmed that the submission of Disability Certificates are not required to trigger the commencement of a limitation period.
Miller Thomson LLP
The Superior Court has released a decision dealing with whether an owner of an ATV can be held vicariously liable for a driver’s negligence, even though no consent was given to operate the vehicle.
Dentons (Canada)
For most M&A transactions, one of the primary concerns for the buyer is understanding the risks and liabilities that it will be inheriting through the purchase of certain assets and/or shares and reflecting such risk in the purchase price.
McInnes Cooper
The amendments to the PE Insurance Act are expected to apply to all motor vehicle accidents occurring after October 1, 2014.
McInnes Cooper
On April 15, 1997 Mr. Thornton was injured in an MVA.
Foster & Company
In the spring of 2006, Wade Drover and his wife Kerri went on a family vacation to Florida bringing their four children and Wade’s parents Clement and Eileen.
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Blaney McMurtry LLP
It has been almost 18 years since a Conservative government implemented Ontario’s third major tort reform automobile compensation system.
McLennan Ross LLP
Automobile insurance is mandatory in Alberta, so if you drive, you likely have an automobile insurance policy, but have you read it?
McMillan LLP
In an era where regulation is surpassing law on the radars of most in-house counsel and other risk managers, this question has never been more pressing.
Miller Thomson LLP
The Superior Court has released a decision dealing with whether an owner of an ATV can be held vicariously liable for a driver’s negligence, even though no consent was given to operate the vehicle.
Clark Wilson LLP
In the recently decided case of Acciona Infrastructure Canada Inc. v. Allianz Global Risks US Insurance Co., the BC Supreme Court addressed some interesting and novel issues concerning Course of Construction (COC) insurance.
Dentons (Canada)
For most M&A transactions, one of the primary concerns for the buyer is understanding the risks and liabilities that it will be inheriting through the purchase of certain assets and/or shares and reflecting such risk in the purchase price.
Blaney McMurtry LLP
The advent of cloud computing has meant that the data storage capacity available to businesses and institutions has become limitless.
Lerners
The Court of Appeal's recent decision in Sagan v. Dominion [2014 ONCA 720] confirmed that the submission of Disability Certificates are not required to trigger the commencement of a limitation period.
McMillan LLP
More than 10 years have passed since OSFI first issued Guideline E-13 entitled Legislative Compliance Management (LCM) (the "LCM Guideline").
Lerners
On October 31, 2014, Arbitrator Fadel released his decision in Josey and Primmum Insurance Co. In this case, the sole issue was whether the Applicant was entitled to attendant care benefits.
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