Subrogation & Recovery - WeirFoulds LLP

Oct 6, 2022

Subrogation & Recovery Seminar

WeirFoulds LLP is pleased to once again host an in-person seminar on subrogation claims. Hear the latest legal updates from our subrogation lawyers, as well as novel…

Jan 21, 2022

COVID-19 and Business Interruption Claims: No Coverage Absent Direct Physical Damage

In two companion actions,[i] the Quebec Court of Appeal recently validated the Honourable Justice Davis’ findings that business interruption losses arising from the COVID-19 pandemic are not covered…

Sep 27, 2021

Navigating Subrogation in Quebec

Over the past several years, Senior Associate Marie-Pier Nadeau has handled subrogated claims across Canada. The province of Quebec is by far the jurisdiction which attracts the…

Aug 31, 2021

WeirFoulds’ Partner Raj Datt and Senior Associate Marie-Pier Nadeau successfully uphold $24.3 million trial award for oil pipeline leaks

The Alberta Court of Appeal very recently upheld the 2019 decision of Justice Marriott of the Alberta Court of Queen’s Bench who awarded WeirFoulds’ client, ISH Energy…

Aug 25, 2021

WeirFoulds Subrogation & Recovery Group Successfully Upholds $24.3 Million Trial Award for Oil Pipeline Leaks

In 2019, Justice Marriott of the Alberta Court of Queen’s Bench awarded our client, ISH Energy Ltd. (“ISH”) damages in excess of $24 million against its pipeline contract…

Jan 4, 2021

Kinectrics v. FCL Fisker et al.: Novel Limitation Period Arguments for Subrogation Insurers

WeirFoulds’ subrogation team successfully opposed a motion for summary judgment recently, reported at Kinectrics Inc. v. FCL Fisker Customs & Logistics Inc., 2020 ONSC 6748. In that…

Jun 1, 2020

Complex Subrogation Forum – Envista Forensics

On June 11, 2020, Envista Forensics, in partnership with SIAdvisers and WeirFoulds, will host a Complex Subrogation Forum online. Cost recovery and a hardening market cause insurers…

Mar 23, 2020

Protecting Limitation Periods During COVID-19

The last two weeks have been unprecedented for every person and business in Canada. Courts across Canada have been shutting down many of their operations in order…

May 1, 2019

Key Takeaways from One of Canada’s Largest Subrogation Trial Judgments

Background On July 17, 2007, a pipeline leak was discovered by ISH Energy Ltd. (“ISH”). The leak occurred at ISH’s Desan Field, located in Northern B.C. The…

Apr 29, 2019

WeirFoulds secures one of Canada’s largest subrogation trial judgments

On March 28, 2019, Justice Gillian Marriott of the Court of Queen’s Bench of Alberta ruled in favour of WeirFoulds’ client, ISH Energy in ISH Energy Ltd…

Apr 16, 2019

Webinar: Subrogation – Oil & Gas and Construction Claims

WeirFoulds’ Subrogation and Recovery Practice Group hosted a webinar discussion on case law and legislation related to Oil & Gas and Construction subrogation losses, as well as strategies…

Mar 12, 2019

Murphy c. Grid Solutions Canada: A Quebec’s motion to dismiss is not intended to replace the trial

Recently, WeirFoulds Associate Marie-Pier Nadeau and local counsel successfully opposed a motion seeking the dismissal of our clients’ claim for abuse of procedure in Murphy c. Grid…

Mar 7, 2019

Subrogation Webinar: Oil & Gas and Construction Claims

Join us for a webinar presentation as we discuss case law and legislation related to Oil & Gas and Construction subrogation losses, as well as strategies for…

Feb 8, 2019

A Refresher on Discoverability Principles

Several decisions were issued by the Ontario Court of Appeal over the last year regarding the discoverability principles under section 5 of the Limitations Act, 2002:[i] 5.…

Nov 20, 2018

Keys, Please: The Econolodge Park-and-Fly Conundrum

On October 19, 2018, the Supreme Court of Canada released its decision in 3091 5177 Québec inc. (Éconolodge Aéroport) v. Lombard General Insurance Co. of Canada, 2018 SCC…

Aug 30, 2018

Timing is Everything: Subrogation Claims in the Context of a Construction Loss

It is often perceived that subrogation claims are barred in the context of a construction loss. This is because typically the applicable construction policies will contain waivers…

Jul 26, 2018

Fourth Time’s Not A Charm: A Case of Subrogation Despite Contrasting Trilogy of Decisions by the Supreme Court of Canada

In Royal Host GP Inc. v. 1842259 Ontario Ltd., 2018 ONCA 467, the Ontario Court of Appeal recently examined whether there was a bar to subrogation in…

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