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The Québec Court of Appeal rules that information exchanged between financial institutions and the OSFI can be disclosed to a plaintiff in a litigious context
  • Borden Ladner Gervais LLP
  • Canada
  • February 3 2015

The Québec Court of Appeal, in a recent 2-to-1 decision, has upheld a judgement from the Superior Court forcing Manulife Financial to disclose


Supreme Court of Canada weighs in on conduct barring limitation
  • Borden Ladner Gervais LLP
  • Canada
  • April 29 2014

In a much awaited decision, the Supreme Court of Canada examined the standard of fault constituting conduct barring limitation under Article 4 of the


Precedent setting case: standard exclusion in course of construction insurance policy interpreted for first time
  • Borden Ladner Gervais LLP
  • Canada
  • August 25 2014

On August 19, 2014, Mr. Justice Skolrood of the British Columbia Supreme Court issued reasons in Acciona Infrastructure Canada Inc. v. Allianz Global


Appeal order in Scarlett v. Belair Insurance Co. issued
  • Borden Ladner Gervais LLP
  • Canada
  • December 5 2013

On November 28, 2013 FSCO's Director's Delegate rendered the much awaited Appeal Order in Scarlett v. Belair Insurance Co. (2013 O.F.S.C.D. No. 42


Law firm event gone wrong
  • Borden Ladner Gervais LLP
  • Canada
  • February 27 2013

There was what Newbury JA of the BC Court of Appeal called 'a very unfortunate turn of events' at a social function for associates and students of a


Supreme Court grants leave to appeal motor vehicle insurance case: Zurich Insurance Company v. Chubb Insurance Company of Canada
  • Borden Ladner Gervais LLP
  • Canada
  • December 19 2014

The Supreme Court of Canada recently granted leave to appeal in a motor vehicle insurance case addressing the “pay first and dispute later” rules


Punitive damages update
  • Borden Ladner Gervais LLP
  • Canada
  • April 15 2013

You know things haven't gone well for the insurers when the judge describes them as 'two major worldwide insurance compies who were determined to


Advance payments in Alberta
  • Borden Ladner Gervais LLP
  • Canada
  • January 22 2015

On November 24, 2014, the Alberta Court of Appeal released its decision in Shannon v 1610635 Alberta Inc, 2014 ABCA 393 “Shannon”. The decision


Covenant to insure can act as a complete bar to subrogated claims
  • Borden Ladner Gervais LLP
  • Canada
  • February 10 2015

On February 9, 2015, the Ontario Court of Appeal released a significant decision in Sanofi Pasteur v. UPS SCS, Inc., 2015 ONCA 88, which will


No privilege in information derived from ATI request
  • Borden Ladner Gervais LLP
  • Canada
  • February 1 2013

Karen Bennett's house was destroyed by fire. State Farm, her insurer, denied coverage on the grounds that the house had been left vacant for more