Articles

Insurance in the era of climate change

How will insurers adapt to the growing number of large-scale losses caused by natural disasters and other disturbances linked to climate change? With insurance claim payouts on the rise, it is time to review the situation.

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The Ontario Court of Appeal reaffirms that only a clear, explicit and unequivocal statutory provision can abrogate solicitor-client and litigation privilege

On May 1, 2023, in Ontario (Auditor General) v. Laurentian University, the Ontario Court of Appeal followed the teachings of the Supreme Court of Canada set out in Blood Tribe and Lizotte to conclude that the Auditor General Act (the “Act”) does not contain sufficiently clear, explicit and unequivocal language to abrogate solicitor-client, litigation and settlement privilege.

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Recent developments in workplace health and safety

This article provides a summary of recent legal developments in workplace health and safety. It discusses conflicting case law on the retroactive effect of An Act to modernize the occupational health and safety regime, the end of flexibility measures for COVID-19 and regulation of work by children.

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Litigation and the risks of media coverage

All large manufacturers know that trademark protection means navigating a minefield of issues. Receiving protection in your local market is no guarantee of protection in neighbouring countries. Every jurisdiction has its nuances, including the prior rights of small local businesses. 

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The policyholder’s life insurance positive reporting obligation

This article appeared in the Winter 2023 issue of the Montréal Association of Insurance Women (MAIW) newsletter.

The authors comment on the decision in Croteau (succession De Roy) v. TD Compagnie d’assurance-vie, and the recent Superior Court decision in Kabeya v. Compagnie d’assurance-vie RBC, both of which addressed the principles of misrepresentation analysis in life insurance.

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