From new types of damage claims being sought, to established award ceilings being tested, there are always new issues that insurers must understand and address. In this webinar, RMC lawyers from Alberta, Ontario and New Brunswick review some of the new types of claims being sought and the changes in the amounts of damages being awarded by the Courts. Topics covered will include:
Part I - Loss of Marriageability
Presented by Nanette Kufeldt, CBM Lawyers, Edmonton (AB)
- Defining the Loss: applicable to whom
- Assessing the value of Interdependent Relationships
- Components of Pecuniary Loss
- Court’s view/Evidential Requirements
- Recent case law
Part II - Loss of Dependency
Presented by Monelle Sturko, CBM Lawyers, Edmonton (AB)
- Defining the Loss
- Determining the Calculation: sole, cross, modified
- Court’s view/Factors in determining approach: Love vs. Money
- Considering Loss of Future Dependency: contingencies
- Caselaw: Alberta and beyond
Part III - Through the Roof: The Trend Towards Higher Damage Awards in Ontario
Presented by Samantha Iturregui, Kelly Santini LLP, Ottawa (ON)
- Recent damages awards for catastrophic injuries
- Family Law Act judgments that redefine the established damages ceiling
- What the changes in damages mean for insurers
Part IV - Loss of Insurability: The Outer Limits - Stretching the boundaries of damage awards
Presented by Philippe Frenette, Cox & Palmer, Fredericton (NB)
- Demystifying the claim for "loss of insurability" and when it applies.
- The evidentiary burden and the hurdles of speculation.
- The Canadian experience so far.
- Where are we going?
Recorded February 26th,2014
No content should be relied upon as legal advice. If you require legal advice, you should retain qualified legal professionals to advise you in the context of your particular circumstances.
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