Cozen O'Connor (JD Supra Canada)

The emergency measures that have been taken across the provinces to address the COVID-19 crisis have significantly impacted our court systems. Here is how recent developments may affect your subrogated claims.

Canadian professionals employed in the cannabis industry should be prepared to encounter significant difficulties when attempting to enter the United States at land ports-of-entry. Though cannabis was legalized in Canada effective October 17, 2018, attempting to cross the Canada-U.S. border with any amount of cannabis in any form can result in both criminal and immigration-related consequences,...

The OSHA Chronicle is pleased to publish the following guest article written by Norman A. Keith, J.D., LL.M. CRSP, a partner at Fasken Martineau DuMoulin LLP who specializes in Canadian workplace safety and health issues. For American businesses expanding into Canada, whether opening a new facility or acquiring by a merger or acquisition, there are a number of Canadian Occupational Health and...

Canada has a new entry requirement that applies to visa-exempt foreign nationals flying to the country on a temporary basis. The program is called the Electronic Travel Authorization (eTA) and was implemented on March 15, 2016. This new requirement is a result of the 2011 “Beyond the Border” action plan, announced in 2011 by President Obama and then Prime Minister Harper.

In Quebec civil law, the claim must be brought under the insurer’s name, and not under the insured’s name as in Ontario. Once the payment is made, the insurer is subrogated in the insured’s rights, and the right to bring a claim now belongs to the insurer. The insured having been paid by its insurer, no longer has the sufficient legal interest to bring a claim for the subrogated loss.

In a subrogation action where multiple defendants have caused the plaintiffs’ loss, courts will generally allocate a percentage of liability to each defendant. Even so, a plaintiff can collect 100 percent of its judgment from any one of the liable defendants. If one defendant is uninsured and without assets, the other responsible defendants will likely have to pay more than their allocated share...