Proposed class actions dismissed at the authorization stage resulting from the plaintiff’s lack of a cause of action or its incapacity to represent the class rarely remain unattended and are often reinstituted within another plaintiff.
What you need to know — Whether you are the supplier or the client, the scope and intensity of your obligations may vary depending on the type of project and the terms and conditions of the contract for the instalment and implementation of an information technology solution, such as a software suite or a migration to a cloud-based solution.
The directors of any corporation have important duties and obligations which, in certain cases, can entail their personal liability. As in any area of human activity, allegations of fault can be made against directors, and the latter must defend themselves in order to show that the allegations are either baseless or that the director acted with due diligence.
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.
This article is a modified version of a case comment initially published by Éditions Yvon Blais (Thomson Reuters) in August 2018 (EYB2018REP2523).
As two recent court cases show, getting injured while clearing snow from a car does not immediately bring to mind the concept of an automobile accident. The Court of Appeal, however, in its recent decisions in Vaillancourt v. Blackburn and Hôtel Motel Manic Inc. v. Pitre, has recognized that such an injury can be characterized as an “automobile accident” within the meaning of the Automobile Insurance Act, CQLR, c. A-25 (the “Act”), thereby putting an end to a prevailing conflict in the case law.
While construction management contracts have gained in popularity since the revision of standard contracts proposed by the Canadian Construction Documents Committee (the “CCDC”) in 2010, they have given rise to recurring questions among stakeholders in the construction industry and members of the legal community.
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.