A discussion which looks at when will a contractual provision purporting to shorten a statutory limitation period be effective.
In Branco v. American Home Assurance Co., Justice Acton of the Saskatchewan Court of Queen's Bench awarded a combined total of C$4.5-million in punitive damages against the two defendant insurers.
A discussion on a recent decision where it was held that an insurer must continue to defend its insured even after paying out the policy limits to the plaintiffs.
If you have ever wondered about the educational requirements to become a general insurance agent in Ontario or how to renew a corporate insurance adjuster licence, the answers to those and similar questions are now much easier to obtain.
On April 5, 2013 the Ontario Court of Appeal upheld a Motion Court decision that had dismissed a lawsuit against Rogers Communications Inc. ("Rogers"), Umbro Inc. ("Umbro") and Bank of Montreal ("BMO") for disclosing no cause of action.
The Court of Queen’s Bench for Saskatchewan has sent a strong message to insurance companies in a recent decision by setting new high-water marks for punitive damage awards.
Section 8 of the Fatal Accidents Act enables parents, children, and the spouse of a deceased person killed by a wrongdoer to receive compensation.
A discussion on a recent case, where the Court of Queen’s Bench for Saskatchewan has sent a strong message to insurance companies, by setting new high-water marks for punitive damage awards.
On April 11, 2013, the Ontario Superior Court dismissed a $150-million claim for damages by three former medical residents against the University of Ottawa.
The decision of the Court of Appeal in the La Capitale case has been expected since February 2012 when the Superior Court dismissed the class action taken against an insurer who, with the consent of the policyholder, had unilaterally modified the waiver of premiums clause in a group insurance contact.
The British Columbia Supreme Court dismissed an unusual lawsuit where a parent sued a school board for having failed to sufficiently discipline a student who assaulted and seriously injured their son.
A reminder to insurers that Section 4 of the Insurance Regulation, pursuant to the new B.C. Insurance Act, is now in place as of July 1, 2012.
On March 1, 2013, the Court of Appeal rendered a judgment on the insurer's duty to defend and indemnify the insured in the area of commercial general liability insurance.
On March 15, 2013, the Quebec Court of Appeal reversed a judgment of the Superior Court which had granted an insured’s motion to institute proceedings seeking payment of the proceeds of a critical illness insurance policy.
The prolonged economic downturn and the fear of prolonged deflation have put new financial strains on governments.
In Mustafi v. All-Pitch Roofing Ltd., 2013 ABQB 40, an employer escaped vicarious liability for the negligence of an employee who was driving a vehicle owned by the employer.
On February 21, the Quebec Court of Appeal refused to authorize a class action against several oil companies distributing gasoline in Quebec (Lorrain c Petro-Canada, 2013 QCCA 332).
Last week we issued an e-lert commenting on the key principles set out in the draft Guideline published in August 2012.
On January 16, 2013, the Quebec Court of Appeal upheld an exclusion for criminal and intentional acts invoked by an insurer in relation to fire damage caused by its insured, who was 15 years old at the time the events took place.
The Office of the Superintendent of Financial Institutions is proposing changes to Guideline B-9 Earthquake Exposure Sound Practices that will impact property and casualty insurance companies in Canada effective January 1, 2014