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February 5th, 2026

Insurance policies: When the language is clear, exclusions apply

When an insurance policy is drafted in clear and unequivocal terms, courts must apply it with full force and refrain from neutralizing its exclusions through the rules of contractual interpretation. In Emond v. Trillium Mutual Insurance Co., the Supreme Court of Canada reaffirmed the framework that governs the interpretation of insurance contracts.
Publications
January 20th, 2026

UR Pride case: Saskatchewan Court of Appeal weighs in on pre-emptive use of the notwithstanding clause

In the UR Pride decision, the Saskatchewan Court of Appeal concluded that the pre-emptive use of the notwithstanding clause, i.e., before a court has reviewed the constitutionality of the legislation, does not prevent a court from issuing a declaratory judgment on the legislation’s consistency with the rights and freedoms covered by the notwithstanding clause.
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