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Articles by Raphael Jacob
Alberta Court Of Appeal Clarifies The Scope Of Pure Economic Loss In Construction Negligence Claims
The Alberta Court of Appeal has provided important guidance on the treatment of pure economic loss claims arising from construction defects. In Murray v Windsor Brunello Ltd, 2026 ABCA 275, the ABCA confirmed that courts must distinguish between claims involving negligent supply of defective structures and claims involving negligent performance of professional services, as each attracts a separate duty of care analysis.
Insurance Legal Ledger: BLG's Business Insurance Newsletter (Winter 2026)
Brianne Wheat’s articles from Borden Ladner Gervais LLP are most popular: in Canada Borden Ladner Gervais LLP are most popular: with Senior Company Executives, HR and Finance and Tax Executives with readers working within the Accounting & Consultancy, Banking & Credit and Insurance industries BLG's insurance lawyers monitor key rulings on insurance claim, policy interpretation, and coverage disputes to provide clients with practical insights they can act on.
Périodique du droit des assurances : l'infolettre de BLG en assurance commerciale (hiver 2026)
Borden Ladner Gervais LLP are most popular: within Family and Matrimonial topic(s) with Senior Company Executives, HR and Finance and Tax Executives in Canada with readers working within the Accounting & Consultancy, Banking & Credit and Insurance industries Des avocates et avocats en droit des assurances de BLG présentent et analysent les décisions clés en matière de réclamation, de litige touchant les couvertures et d'interprétation de polices pour orienter les clients vers les meilleurs...
Ontario's Top Court Finds School Board Not Liable In Bullying Claim
Borden Ladner Gervais LLP are most popular: within Family and Matrimonial topic(s) with Inhouse Counsel with readers working within the Banking & Credit, Insurance and Healthcare industries In Rizzuto v. Hamilton Wentworth Catholic District School Board, 2025 ONCA 773 (Rizzuto), the Court of Appeal for Ontario affirmed the dismissal of a negligence claim arising from a schoolyard bullying incident (the Incident).
Ontario’s top court finds school board not liable in bullying claim
In Rizzuto v. Hamilton Wentworth Catholic District School Board, 2025 ONCA 773 (Rizzuto), the Court of Appeal for Ontario affirmed the dismissal of a negligence claim arising from a schoolyard bullying incident (the Incident).
Saskatchewan court finds broker was negligent in placing policy, but only awards premium to insured
Background Kushniruk (the Plaintiff) operated an apiary in Saskatchewan where he raised leafcutter bees for pollination and larvae production. He obtained insurance through the Defendant, an insurance agent, in 2017 and again in 2021, believing the coverage extended to both bees placed in the field and larvae produced during the season. Following a windstorm in 2021 that caused significant losses, his claim was denied based on a loss adjustment clause.
Standstill Agreement: Alberta Decision Finds Advance In Coverage Action Constitutes Advance In Main Action
In Center Street Limited Partnership v. Nuera Platinum Construction Ltd, 2025 ABCA 290, the Alberta Court of Appeal was asked to consider the impacts of a standstill agreement and coverage action on the "main" action. On March 7, 2025, a fire broke out on the roof of a commercial building owned by Center Street Partnership (Center Street).
Interpreting Detection Provisions In Pollution Insurance: Insight From The Court Of Appeal Of Alberta
On Aug. 13, 2024, the Court of Appeal of Alberta (the ABCA) released its decision in Paramount Resources Ltd v. Chubb Insurance Company of Canada, 2024 ABCA 266 [Paramount]. The ABCA allowed the appeal, holding that Paramount Resources Ltd.'s (Paramount) insurance policies do not cover losses arising from the Resthaven pipeline leak. This decision provides guidance on the interpretation of insurance policy provisions that require detection of pollution incidents within a specific timeframe.
Le voyage d’Athènes - Voir l’Acropole
« Souhaite que le chemin soit long, Riche en péripéties et en expériences »[1] Si, de nous jours, le voyage d’Athènes est aisé, rapide et à la portée de tous, il n’en a pas toujours été ainsi. Comme l’écrit Fernand Braudel, « La mer. Il faut essayer de l’imaginer, de la voir avec le regard d’un homme de jadis : comme une limite, une barrière étendue jusqu’à l’horizon, comme une immensité obsédante, omniprésente, merveilleuse, énigmatique.
Les logiciels intégrant une intelligence artificielle générative : un levier de performance pour les départements juridiques ?
Noah Waisberg et Alexander Hudek, dans leur livre dédié à l’Intelligence Artificielle (IA) pour les avocats[1], démontrent cette synergie entre métiers du droit et nouvelles technologies, avec ce commentaire : « …les juristes ont régulièrement adopté les nouvelles technologies à des niveaux quasi systématiques, et la technologie a joué un rôle clé dans l'évolution de la pratique du droit ».
Autonomous Vehicle Laws In The States: Congress Offers Hope For National Regulatory Framework
Introduction On Feb. 2, 2022, the United States Congress House Committee on Transportation & Infrastructure held a hearing on "The Road Ahead for Automated Vehicles" (the Subcommittee Hearing) to investigate the impact of autonomous vehicle (AV) deployment on mobility, infrastructure, safety, workforce, and other economic and societal implications or benefits. It was the first time the Transportation & Infrastructure Committee had held a hearing on AV deployment since 2013.
Wrongful Life Claims: An Update From The SCC
On March 24, 2022, the Supreme Court of Canada (SCC) refused leave to appeal from the Ontario Court of Appeal's (ONCA) decision in Florence v Benzaquen, 2021 ONCA 523 (Florence). This decision effectively closes the door on claims of physician negligence towards future children, or children prior to conception, often known as "wrongful life" claims. Wrongful life claims involve claims by a child against a physician or other medical provider, resulting from birth defects.
Alberta courts to insurers: ‘Don’t talk to the police’
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Anton Piller Order
Recently, the Ontario Superior Court of Justice (ONSC) granted an Anton Piller Order to the plaintiff in Cicada 137 LLC v. Medjedovic, 2021 ONSC 8581 (Cicada 137), in connection with the alleged theft of $15 million in digital assets from the plaintiff's digital wallet. This is important as it shows the court's willingness to intervene and provide protection related to the hacking of digital assets, such as cryptocurrency.
Insurers To Advise Policyholders Of Limitations Act Deadlines In Alberta
The Alberta Court of Appeal (ABCA) recently dismissed an appeal in Statt v. SGI Insurance Services Ltd., 2021 ABCA 268 [Statt], regarding the extension of a limitation period due to the insurer's failure to provide adequate notice to the policyholder of the applicable limitation period, as set out at section 526(1) of the Insurance Act, RSA 2000, c. I-3 (the Act).
Alberta Courts Limit Insurers' Ability To Share Information With Police
A recent decision by the Alberta Court of Queen's Bench (the Court or ABQB) affirmed the duty of utmost good faith owed by insurers to their policyholders. In Barata v Intact Insurance Company, 2021 ABQB 419 [Barata], the Court stated that there is an implied obligation in every insurance contract that insurers are to deal with claims in good faith and held that disclosure to police by an insurance investigator resulted in a breach of this obligation.
Updates To ICC Arbitration Rules Aim For More Efficient, Flexible And Accountable Arbitrations
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Updates to ICC Arbitration Rules Aim for More Efficient, Flexible and Accountable Arbitrations | JD Supra
On October 6, 2020, the International Court of Arbitration to the International Chamber of Commerce (ICC) adopted updates to its Rules of Arbitration, which will come into force on January 1, 2021. Among other things, the 2021 ICC Rules shall provide greater efficiency and flexibility in arbitrations held under the 2021 ICC Rules.
Long-Awaited Amendments to LCIA Arbitration Rules to Result in Streamlined, Tech-Friendly Arbitrations | JD Supra
On August 11, 2020, following input from external users, the London Court of International Arbitration (LCIA) issued a significant update to its 2020 LCIA Arbitration Rules. Among other things, the 2020 LCIA Rules include tools to streamline the arbitral process and provide for the use of modern technology, including videoconferencing software, for arbitrations held under the 2020 LCIA Rules.
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