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Results: 1-10 of 131

Post July 1, 2010 changes in disclosure obligations in British Columbia actions
  • Borden Ladner Gervais LLP
  • Canada
  • April 5 2011

British Columbia joined a number of jurisdictions in extensively revisiting its Supreme Court Rules this past year


“Marijuana” exclusion upheld on appeal
  • Borden Ladner Gervais LLP
  • Canada
  • April 5 2011

In our Spring, 2010 edition, we noted the February 22, 2010 decision of the Ontario Superior Court of Justice in Pietrangelo et al. v. Gore Mutual Life Ins. Co., wherein the court considered, for the first time in Canada, the operation of a “marijuana” exclusion under a rental property policy for direct or indirect loss or damage, in whole or in part, to “dwellings or detached private structures or unscheduled personal property used in whole or in part for the cultivation, harvesting, processing, manufacture, distribution or sale of marijuana or any product derived from or containing marijuana regardless of any other cause or event that contributes concurrently or in any sequence to the loss or damage”


Progressive Homes v. Lombard General Insurance Company of Canada
  • Borden Ladner Gervais LLP
  • Canada
  • April 5 2011

The Supreme Court of Canada’s decision in Progressive Homes v. Lombard General Insurance Company of Canada (September, 2010), now represents the leading decision on the issues of “property damage”, “occurrence” or “accident”, and the scope of work performed exclusions in commercial general liability (CGL) policies


Limitation period of claim against maintenance contractor affected by discoverability of involvement
  • Borden Ladner Gervais LLP
  • Canada
  • April 5 2011

In the recent decision of Safai v. Bruce N. Huntley Contracting Ltd., the Ontario Court of Appeal (August, 2010) considered the application of limitation periods and the “discoverability rule” in relation to a slip and fall accident that resulted in claims involving both a property owner and a maintenance contractor


Partial settlement agreements must be immediately disclosed
  • Borden Ladner Gervais LLP
  • Canada
  • April 5 2011

The interesting decision of the Ontario Court of Appeal in Aecon Buildings v. Stephenson Engineering Limited was released on December 24, 2010


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


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


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


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


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