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The Supreme Court of Canada addresses promissory estoppel in the insurance context
November 29, 2021
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MT Insurance Law Blog
Introduction In the recent decision of Trial Lawyers Association of British Columbia v Royal & Sun Alliance Insurance Company of Canada, the Supreme Court of Canada considered the application of the doctrine of promissory estoppel in the context of a...
Case Commentary: Nelson (City) v. Marchi, 2021 SCC 41 – The Supreme Court of Canada clarifies the distinction between core and non-core policy decisions
October 26, 2021
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MT Insurance Law Blog
Introduction In the recent decision of Nelson (City) v. Marchi, the Supreme Court of Canada clarified the law with respect to what constitutes a “core policy decision” rendering a government or public authority immune from liability. In this particular case,...
Can a will be annulled?
October 19, 2021
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MT Estate Litigation Blog
Have you ever wondered whether a will can be annulled after the testator’s death? People do not always leave a will behind before they pass away. When no will can be located, the distribution of the deceased’s property is determined...
Henderson v. Northbridge General Insurance Corporation, 2021 BCSC 1841: The duty to defend claims alleging intentional acts
October 14, 2021
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MT Insurance Law Blog
Introduction Recently, in the context of an alleged “shaken baby” claim, the Supreme Court of British Columbia considered whether an insurer had a duty to defend a claim against its insured arising from allegations framed in both negligence and assault. ...
Quebec’s new privacy law (Bill 64) is here – Canadian businesses take note!
October 12, 2021
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MT Cybersecurity Blog
While federal attempts to modernize Canadian law, in the form of Bill C-11, is languishing in privacy purgatory, the province of Quebec has completed the first step of its journey to bring its law in close alignment with those of...
Privacy injunctions: the judicial response to cyber ransom demands
September 30, 2021
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MT Cybersecurity Blog
Ransom demands from cyber terrorists have become an epidemic for businesses in Canada. As we have reported in previous articles, both for-profit and not-for profit businesses have been impacted. Governments and charities have not been spared from the destruction and...
British Columbia Court of Appeal clarifies indivisibility analysis
September 23, 2021
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MT Insurance Law Blog
Introduction The Court of Appeal for British Columbia (the “Court of Appeal”), in Neufeldt v. Insurance Corporation of British Columbia, 2021 BCCA 327, recently provided significant commentary on the important yet difficult issue of indivisible injuries. Insurance Corporation of British...
OSFI updates cybersecurity breach notification requirements
September 13, 2021
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MT Cybersecurity Blog
The Office of the Superintendent of Financial Institutions (“OSFI”) released a new Advisory on Technology and Cyber Security Incident Reporting, effective August 13, 2021 (the “Advisory”) which seeks to govern how federally-regulated financial institutions (“FRFIs”) should disclose and report technology...
Court of Québec orders insurance policy disclosure in dispute
August 19, 2021
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MT Insurance Law Blog
Twenty-five years ago, Louis Champagne radiomutuel inc.[1] established the right to obtain a copy of the opposing party’s insurance policy in order to involve its insurer in the claim. This right was confirmed in a recent Court of Québec judgment.[2]...
Thoughts on final resting places
August 19, 2021
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MT Estate Litigation Blog
Testators generally put much thought into the distribution of their estate. In addition, many testators give instructions for their funeral, how their remains are to be handled and where their remains should be placed. However, many testators may not consider...
Disclaimer
This blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of this blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.