Insights

The Whole File and Nothing But the File: A Precautionary Tale regarding Disclosure and Production of an Insurer’s Underwriting, and Claims and Investigation Files in the Context of Coverage and Bad Faith Claims

Lloyd's Brief: Canadian Legal Perspectives

The scope of disclosure and corresponding production of documents typically becomes an issue in the context of an insured’s claim against an insurer for coverage and bad faith.  Inevitably, the insured will demand disclosure and production of the underwriting, and/or […]

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Triple Jeopardy: Civil, Disciplinary, and Regulatory Proceedings against Professionals

Lloyd's Brief: Canadian Legal Perspectives

Members of regulated professions, such as engineers, architects, financial advisors, and health professionals, can face multiple proceedings arising from the same conduct.  For instance, for a single event, an engineer may be sued in civil proceedings for negligence, be charged […]

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Third Party Notices Must be Filed Fast: BC Court Pronounces that Expediency does not Trump Notices

Lloyd's Brief: Canadian Legal Perspectives

Fault in construction claims is rarely black or white.  Claims usually begin with multiple defendants and, as the litigation progresses, the existing parties often discover that additional potentially at-fault entities should be added. In British Columbia, the proper way to […]

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Termination Clauses and Continuation of Benefits: A Warning and Reminder for Employers in Ontario

Labour and Employment Communiqué

Employers often seek to limit their termination liability with termination clauses. If a termination clause does not meet the minimum requirements of the Employment Standards Act, 2000 (“ESA”), then the termination clause will not be valid and an employee will […]

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A Review of Qualified Disability Trusts

Wealth Matters

Bill C-43, which received Royal Assent on December 16, 2014, introduces a new type of trust to benefit disabled individuals – the “qualified disability trust” (“QDT”). Accordingly, QDTs will apply to the 2016 and subsequent taxation years.  The main benefit […]

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( Available in French only )

La Cour supérieure rappelle les critères applicables dans le cadre d’une demande de nomination de séquestre contestée.

Insolvency and Restructuring Newsletter- Quebec

Le 11 décembre 2012, Groupe Arsenault inc. («Groupe Arsenault») et 9089-1557 Québec inc. concluent une convention de crédit avec Callidus Capital Corporation («Callidus») aux termes de laquelle Callidus leur consent des crédits d’opération. Le même jour, Groupe Arsenault, 9098-1557 Québec […]

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Limitation of Liability Clauses: Are They Enforceable and Effective?

Lloyd's Brief: Canadian Legal Perspectives

A frequent issue raised by design consultants is the extent to which they can limit liability for claims through limitation of liability clauses.  Although such clauses are enforceable, recent case law raises questions as to their practical effectiveness. Enforceability of […]

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Don’t Give the Game Away – Tips on Maintaining Litigation Privilege

Lloyd's Brief: Canadian Legal Perspectives

Courts have long recognized the origin and rationale of solicitor-client privilege as a necessary and essential tool for the effective administration of justice.  A related but conceptually distinct protection is that of litigation privilege.  While both forms of privilege serve […]

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The Volunteer Relationship

Social Impact Newsletter

Many charities and not-for-profit organizations depend on the dedication and hard work of their volunteers.  Volunteer contributions can include fundraising, promotion and advocacy, governance, and service delivery.  As such activities are often integrated with day-to-day operations, and integral to an […]

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Employer’s right to post employee pictures in the workplace

Canadian Labour & Employment Law Blog

Author: Raphaël Viens Côté Employer’s right to post employee pictures in the workplace: Syndicat des travailleuses et travailleurs de Brasserie Labatt (CSN) et Brasserie Labatt du Canada, s.c.s. (grief collectif), 2015 QCTA 119 The Union representing Labatt’s employees of the […]

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