Publications
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Class actions to watch for in the air transport sector
Many Canadians travel by airline. Aside from the pleasure of travel, certain inconveniences may sometimes occur, for both air carriers and passengers alike. A class action suit is often the preferred procedural vehicle for customers to assert their rights. Recent class actions authorized by the (…)
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The insured is responsible for the cost of bringing its building up to construction standards
On December 19, 2016, the Alberta Court of Appeal allowed the appeal1 of the insurer which had excluded from its policy coverage the rebuilding costs associated with bringing the insured building up to by-law standards. The Court of Appeal unanimously maintained the exclusion for damages resulting (…)
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An obiter of the Québec Court of Appeal makes its way up to the Supreme Court of Canada
The facts The client, Station Lands Ltd. (“Station”) retained the general contractor Ledcor Construction Ltd. (“Ledcor”) to build the Epcor tower in Edmonton. As is customary, Station and Ledcor purchased a builders’ risk all-risk property insurance to cover property damage which may occur in the (…)
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The Court of Appeal: The liability of the life insurance broker is not limited to the framework of the contractual relationship
The facts of the Roy v. Lefebvre case On June 25, 2014, the Superior Court1 allowed the action of an insured against a life insurance broker and his firm. The context of the subscription of the insurance policy is somewhat unusual and deserves explanations. In 1992, the purchaser of an immovable (…)
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Insurance contract terminology: the Court of Appeal clarifies the scope of the word ”building”
In insurance law, as well as in other areas of contract law, the precise definition and scope of the terminology used in a contract are very important since they have a direct effect on the obligations of the parties and, in the case under review, the scope of the insurance coverage. On February (…)
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The Ontario Court of Appeal rules on the coverage exclusion of faulty workmanship by a contractor
On December 23, 2015, the Ontario Court of Appeal1 set aside a decision of the motion judge2 which had granted a motion for summary judgment brought by the insurer to dismiss a claim by its insured. Facts The insured had entered into an agreement with a contractor to restore the exterior cladding (…)