Lloyd's Brief: Canadian Legal Perspectives

A collage of construction, railway, canadian flag, wheat and oil rig

July 4, 2022

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Proving professional negligence claims: What expert evidence is required and when?

Karen L. Weslowski, Caitlin VanDuzer

Introduction Professionals owe a duty to exercise the skill, care and diligence which may be reasonably expected of a person of ordinary competence, measured by the professional standard of the time. Generally speaking, in order to succeed at trial, a...


Ontario Superior Court of Justice applies pollution exclusion in denying coverage application

Vanessa De Sousa

The Ontario Superior Court of Justice (the “Court”), sitting in Kitchener, recently ruled on a coverage application in Kin v. Ecclesiastical et al 2022 ONSC 1655[1]. The applicant sought coverage from Lloyd’s and the Court dismissed the application in its...


Exceptions to mandatory costs-exclusive policy limits in Québec

Jasmine de Guise, Stephanie Massé

Up until the adoption of Bill 82 and its regulations, Quebec was the only Canadian province where an insurer was legally obligated to take up the defence of its insured and cover legal fees over and above the limits of...


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