Fraud allegations in insurance disputes are serious business. When an insurer claims a policyholder intentionally misrepresented facts, it’s essentially saying, “You lied, and we don’t have to pay.” After insurers make that argument, they often state, “If we are wrong about the fraud arguments, the most we owe is actual cash value because you did…
Written By: Lindsay Charles and Savannah Snyder, Articling Student In an accident benefits dispute, under section 44 of the Statutory Accident Benefits Schedule (the “Schedule”), insurers have the right to require an Applicant to undergo a medical examination “not more often than is reasonably necessary”. In the leading decision of Hameed Al-Shimasawi v Wawanesa…
If the EU is to succeed in transitioning to a sustainable food system, it needs to make more room for local voices and initiatives. This calls for a new perspective on the EU’s internal market. While Europeans have many reasons to celebrate their culinary traditions, the EU food system gives less reason to rejoice. It…
Motekaitis and Kneass worked for USI. There were rumors about the circumstances of their departure. Marsh & McLennan (MMA) was contemplating hiring Motekaitis, but then an email from a USI employee (Kane) about Motekaitis spooked MMA. MMA employees allegedly circulated the Kane email internally and externally. Among other beefs, Motekaitis sued MMA for defamation by…
Read More “Section 230 Still Applies to Email Forwarding-Motekaitis v. USI” »
The Issue Can an appeal be re-opened following submissions and completion of argument but before the appellate court has rendered judgement? Does the principle of functus officio prohibit such an application? If re-opening is permitted, what is the scope of the jurisdiction to permit this? The Answer The parties and the court all agreed that…
Photo by Etienne Girardet on Unsplash Welcome back for the second part of the C-590/23 Pelham II hearing commentary. In part one (here), we covered the interpretation of pastiche. However, a very interesting topic arose in the Court’s pre-emptive questions, and during the oral questions: the interaction of “pastiche” with Article 17 CDSM Directive. This…
A new article on Firearms and violent crime in Canada, 2023 appeared this week in Juristat, a publication from Statistics Canada. The article looks at the most recent police-reported data on firearm-related violent crime, including incidents where a firearm was present, as well as the firearm-specific violations of discharging a firearm with intent, using a firearm in…
Read More “Statistics Canada Article on Firearms and Violent Crime” »
On 16 January 2025, Advocate General Capeta (“AG”) issued her opinion in a dispute concerning third party ownership (“TPO”) rules between Belgian football club RFC Seraing and the International Federation of Association Football (“FIFA”). Pending the CJEU’s highly anticipated judgment in this case, this post seeks to give some insights into the scope and potential…
On August 15, 2022 the Alberta Energy Regulator (AER) published Directive 089: Geothermal Resource Development (Directive 89) which provides guidance on general geothermal development requirements including an overview of relevant rules and regulations throughout the geothermal resource lifecycle, and specific technical and licencing requirements for geothermal pipelines, wells, and facilities. Directive 89 also extends the…
Read More “AER Publishes New Guidelines on General Geothermal Development Requirements” »
On February 20, 2025, the UK Information Commissioner’s Office (“ICO”) published its annual Tech Horizons Report (the “Report”), which explores four key technologies expected to play a significant role in society over the next two to seven years. These technologies include connected transport, quantum sensing and imaging, digital diagnostics and therapeutics, and synthetic media. The…
