Insurance
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December 01, 2023
Disallowing a limitations defence: Nova Scotia Court of Appeal tightens test
Before 2015, Nova Scotia’s limitations regime was notoriously generous to claimants who missed limitation periods. A court could disallow a defendant’s limitations defence on equitable grounds, as long as the claim was commenced within four years after the time limit expired. This made it hard for defendants to successfully rely on a missed limitation period as a bar to the claims against them.
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November 30, 2023
How lawyers, paralegals can complement each other
Lawyers are licensed to provide a full range of legal services. However, certain tasks can be managed with greater cost efficiency through the involvement of skilled paralegals. Law firms that foster such collaboration stand to benefit as their clients gain access to a diverse array of services at affordable rates.
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November 29, 2023
B.C. Supreme Court bars subrogated claim, deems short-term renter an insured party
The B.C. Supreme Court has held that a subrogated claim brought against a short-term renter was barred, deeming the renter an insured party under a strata’s insurance policy.
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November 28, 2023
Alberta court rejects insurance association’s bid to intervene in policy dispute appeal
The Alberta Court of Appeal has rejected an application by the Canadian Life and Health Insurance Association Inc. to intervene in an appeal concerning the interpretation of a 10-day cancellation clause in the context of a life insurance policy.
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November 27, 2023
Time for burnout rebrand | Courtney Mulqueen
Job burnout is by no means a new phenomenon. We all know stress is the cause of many debilitating conditions.
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November 23, 2023
Court denies appeal regarding policy coverage for food spoilage due to Covid-19 orders
The Ontario Court of Appeal has dismissed an appeal where the appellant argued that it was covered for spoilage of food and beverage at its restaurants due to COVID-19 orders prohibiting dine-in service. In SIR Corp. v. Aviva Insurance Company of Canada, 2023 ONCA 778, released Nov. 22, the appellants SIR Corp. and related entities owned and operated about 60 restaurants. During the COVID-19 pandemic, emergency orders prevented the appellants from offering in-person dining at the restaurants.
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November 22, 2023
SCC’S latest word on good faith: What every shareholder needs to know
Like all contracts in Canada, shareholders’ agreements are bound by a duty of good faith. At common law, this includes the duty to act honestly and to exercise any discretion under the agreement reasonably: C.M. Callow Inc. v. Zollinger, 2020 SCC 45; Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District, 2021 SCC 7.
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November 22, 2023
Law360 Canada Pulse survey shows strong satisfaction among lawyers with their jobs
The Rolling Stones may not have been able to get any satisfaction, but many lawyers in Canada seem not to be singing that particular tune, with a recent survey of the profession showing high marks given for issues like job satisfaction and compensation.
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November 22, 2023
Your auto insurance policy not as simple as it seems
Navigating an auto insurance policy is more intricate than it initially appears. Many Canadians have a genuine passion for driving, whether it’s commuting to work or embarking on a vacation to a cherished destination. According to Transport Canada, the number of vehicles on our nation’s roadways surged to over 26.2 million in 2021, marking a nearly two per cent increase from the preceding year.
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November 21, 2023
Law360 Canada Pulse survey: what lawyers really think about their profession
Find out what lawyers really think about their profession in Law360 Canada Pulse’s Lawyer Satisfaction Survey. Click here to read the full report. For more in this series see here and here.