Insurance statutes and policies provide for the resolution of claims in a multitude of ways, thus necessitating the need for insurers to identify the relationship between claims with a view to the efficient and effective resolution thereof. This article discusses the upcoming introduction of yet another means by which insurance claims may be satisfied, being […]
Loblaw Companies Limited v Royal & Sun Alliance Insurance Company of Canada, 2024 ONCA 145 Overview On February 27, 2024, the Ontario Court of Appeal released its decision in Loblaw Companies Limited v Royal & Sun Alliance Insurance Company of Canada, 2024 ONCA 145 (“Loblaw v RSA”). With new assurance that an insurer’s duty to […]
Prove-it! The British Columbia Court of Appeal Confirms the Tripartite Test for Future Loss of Earning Capacity Claims Must Be Met in Full
On Friday, December 1st, 2022, a panel of Cox & Palmer insurance lawyers from across the region presented our Case Law Update: Recent Key Decisions in the Atlantic Provinces Webinar, which covered current developments and recent key decisions in the region, from the last couple of years. Access Paper Here
The presence of ice during the winter in New Brunswick is not unusual. Neither are slip and falls. Every year, business owners run the risk that an individual might slip and fall on their property, suffer an injury, and bring a legal action against them, as the owner of the property, for damages. These damages […]
In Nova Scotia, generally a person has two years from the date a claim is discovered to begin an action. Those who wait to achieve certainty regarding their claim may find the two year period has already elapsed. In a recent Supreme Court of Canada case the Province of New Brunswick brought a claim against […]
Product liability claims are often rooted in provincial sale of goods legislation. Sale of goods statutes afford consumers a set of protections, which are fairly uniform across jurisdictions. Depending on the circumstances of the case, a manufacturer faced with a sale of goods claim may have a number of available defences. The absence of contractual […]
Introduction Product liability law is the name placed on a combination of several branches of the law, including contract, tort, government regulation, damages, and insurance. It is based on the theory that consumers rely on producers and sellers to ensure products are safe for use. This leads to a wide range of claims, issues and […]
Insurance policies and statutes provide for insurance claims to be brought forward in a variety of ways. Oftentimes, there are a plurality of claims happening at the same time. An insurer must identify the relationship between the claims with the view of reaching an efficient and effective resolution to the matter. This article discusses two […]