Articles

The Post-Loss Investigation: the Insured’s Obligation to Come Clean

The law provides that following a loss, the insured is obliged to cooperate with the insurer during the latter’s investigation, to answer its questions and to inform it of all circumstances surrounding the loss.

The law also provides that any deceitful representation by the insured entails the loss of the right to be indemnified for the risk to which the misrepresentation relates.

The recent judgment in the matter of Anderson v. Intact compagnie d’assurances deals with the scope of the insured’s obligation to cooperate with the insurer during the latter’s investigation into the loss.

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Statutory Liabilities of Directors: Marking the Risk Areas to Avoid Sliding out of Control

In our last article, entitled “Beyond the Duties of Care and Loyalty … the Civil Liability of Directors”, we dealt with the civil liability regime that sanctions civil faults committed by directors. When damage ensues from such a fault, the victim is entitled to claim compensation.

Statutory liabilities are of a different nature. We touched on them very briefly in our article entitled “Duties and Obligations of Directors: a Brief Overview”. In this article, we will deal with them in more detail.

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Unenforceability in the U.S. a Non-Starter When Google Returns to the BC Supreme Court

In the most recent development in the judicial saga surrounding the decision of the Supreme Court of Canada in Google Inc. v. Equustek Solutions Inc., Google’s continuing efforts to oppose the extraterritorial scope of the injunction rendered against it by the Supreme Court of British Columbia have been thwarted (the “Canadian injunction”). This injunction was granted against Google in a counterfeit litigation involving Equustek. Google was not a party to the action, its involvement in the file being linked to its intermediary role as a search engine referring users to the defendant’s websites.

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What Are the Issues Surrounding the Legalization of Recreational Cannabis for the Damage Insurance Industry?

The Government of Canada recently announced that Bill C-45 on the legalization of recreational cannabis (“Federal Cannabis Act”) and its regulations will officially come into force on October 17, 2018. In this context, the insurance sector only has a few months to adapt to this new legislative framework.

This article provides an overview of the main risks and coverage issues related to the legalization of cannabis that will need to be assessed by damage insurers.

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Beyond the Duties of Care and Loyalty … the Civil Liability of Directors

In our first article on governance, entitled “Duties and Obligations of Directors: a Brief Overview”, we summarized the main concepts underlying the duties and obligations typically associated with directors.

Must the conclusion then be that the personal responsibilities of directors are limited to these two categories? The answer is no. A director, like any natural or legal person, is also subject to the rules governing civil liability. Directors can commit a fault causing harm for which they will be liable, despite having acted in their capacity as a director when the fault was committed.

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Coming to Canada: Do Your Foreign Workers and Students Have to Provide Biometrics?

The start of the school year is approaching, and your institution may be planning to welcome foreign students, or perhaps you have a business project that entails hiring foreign temporary workers. In either case, you should know that the Government of Canada is expanding the requirement for foreign nationals to provide biometrics (fingerprints and a photograph) in order to enter Canada, effective July 31, 2018.

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