Mondaq Canada: Insurance
Torkin Manes LLP
There is no doubt that the parties to an insurance contract owe one another a duty of good faith. But does this include a positive duty on the insurer to advise the insured about a limitation period?
Borden Ladner Gervais LLP
This case involved an insurance claim that was denied based on an alleged misrepresentation in its application for insurance coverage related to the Uniform Conditions of Carriage and the existence of a "standard" Bill of Lading.
Clyde & Co
Extreme weather events, such as the heavy rainfall and flooding we've witnessed this spring in Quebec and in British Columbia, inevitably lead to discussions about the impact of climate change...
Borden Ladner Gervais LLP
A recent decision by the Ontario Court of Appeal has underscored the "reasonableness" standard set by the Municipal Act, 2001, S.O. 2001, c. 25, in assessing a road authority's winter maintenance of its highways.
McCague Borlack LLP
It is hoped that the recent appeal decision in MVACF and Barnes will shed some light on this turbulent, but interesting, area of accident benefits.
Alexander Holburn Beaudin + Lang LLP
The Court of Appeal for Ontario recently upheld a "your work" exclusion in a Commercial General Liability Policy in G & P Procleaners and General Contractors Inc. v. Gore Mutual Insurance Company...
Gluckstein Personal Injury Lawyers
Yet, the changes have a deep impact on the amount of coverage available after an accident.
Collins Barrow National Incorporated
From fires to the destructive floods in Alberta, we have experienced a variety of unexpected disasters in recent years.
Field LLP
The Alberta Court of Appeal reiterated that policies cover insured perils but not pre-existing deficiencies in the property that are not caused by the peril, but only discovered as a result of...
Miller Thomson LLP
One of the more confusing aspects of adjusting an accident benefits claim is dealing with the numerous amendments to the Statutory Accident Benefits Schedule (SABS).
Miller Thomson LLP
When an insurance policy exclusion does not come close to being easily intelligible, an insurer may not be entitled to rely on it to exclude coverage for acts of intentional damage by a lessee.
McLennan Ross LLP
A recent decision of the Office of the Privacy Commissioner of Canada (the "Commissioner"), finding that analyzing a customer's credit rating does little to help counter insurance fraud...
McInnes Cooper
On May 2, 2017, the N.S. Court of Appeal decided another case involving the deductibility of CPP disability benefits – but this time, in the context of a tort claim.
Stewart McKelvey
On May 2, 2017, the Nova Scotia Court of Appeal issued a significant decision in Tibbetts v. Murphy, 2017 NSCA 35, on the proper interpretation of s. 113A of the Insurance Act. Specifically the issue was whether or not Canada Pension Plan Disability benefits ("CPPD") should be deducted from tort awards for loss earning capacity in motor vehicle accident cases.
Langlois lawyers, LLP
As a general rule, a person who has suffered harm can have the person responsible for causing the harm ordered to pay damages by proving fault, harm, and a causal link between the fault and the harm.
Miller Thomson LLP
A recent Ontario Superior Court decision may prompt legislative changes with respect to intentional damage exclusion clauses in homeowner policies in Ontario.
Samis + Company
In the recent decision of M.P. v. Certas Home and Auto Insurance Company, the License Appeal Tribunal has tackled the issue of whether attendant care expenses are incurred where a claimant's "professional" attendant care provider is also a family member.
Stewart McKelvey
Damages for pain and suffering are capped for Nova Scotians who are injured in motor vehicle accidents if their injuries are considered "minor."
Blaney McMurtry LLP
Aviva brought an application for a declaration that Intact had a duty to defend Avondale with respect to the allegations made by the plaintiff.
Clyde & Co
In February the European Parliament voted by a wide margin to approve the Comprehensive Economic and Trade Agreement (CETA)...
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Miller Thomson LLP
The Ontario Court of Appeal recently confirmed that a dispute about the termination of long-term disability ("LTD") benefits could not proceed by way of an action.
Bennett Jones LLP
Given the increasing threat of cyberattacks and the corresponding costs, businesses are increasingly considering cybersecurity insurance. But insurance is only as effective as the scope of the coverage.
McLennan Ross LLP
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DLA Piper
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Osler, Hoskin & Harcourt LLP
In a precedent-setting decision, Justice Fitzpatrick of the British Columbia Supreme Court held that a U.S. multi-employer pension plan's claim for $1.25 billion against Canadian CCAA debtors was invalid.
Miller Thomson LLP
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McInnes Cooper
In three years (lightning speed in the law), medically assisted dying went from being illegal to being legal. A great deal has changed, a great deal will still change, and a great deal of uncertainty...
Blake, Cassels & Graydon LLP
The regulation of federally regulated financial institutions (FRFIs) continued intensifying in 2016 with a new wave of legislative and regulatory initiatives impacting mortgage lending...
Miller Thomson LLP
A recent Ontario Superior Court decision may prompt legislative changes with respect to intentional damage exclusion clauses in homeowner policies in Ontario.
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