Raj Datt

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Sep 24, 2021

MDS Inc. v. Factory Mutual Insurance Company: Implications for COVID-19 Business Interruption Litigation

A recent Ontario Court of Appeal decision provides guidance for businesses and insurers involved in litigation about the inability to use machinery due to COVID-19 lockdowns. MDS…

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…

Oct 9, 2020

Court of Appeal Decides Against Overruling its Prior Decisions on s. 7(6) of the Arbitration Act

In Toronto Standard Condominium Corporation No. 1628 v. Toronto Standard Condominium Corporation No. 1636, 2020 ONCA 612, an appeal was brought from the order of a motion judge…

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…

Nov 6, 2019

Webinar: Commercial Litigation Seminar – Pre-Litigation Positioning: Tips for Improving Your Case

Our commercial litigators discuss best practices for when litigation is anticipated, including tips to avoid litigation and/or to position your case in the best possible way for…

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…

Jan 17, 2019

What is the Reasonable Apportionment of Fault? The Case of the CNRL Emulsion Pipeline Failure

In Canadian Natural Resources Limited v. Wood Group Mustang (Canada) Inc. (IMV Projects Inc.), 2018 ABCA 305, the Alberta Court of Appeal very recently dealt with an…

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…

Oct 19, 2018

WeirFoulds welcomes Marie-Pier Nadeau to the Subrogation & Recovery Practice Group

WeirFoulds is pleased to announce that Marie-Pier Nadeau has joined the firm as a part of the Subrogation & Recovery Practice Group. Marie-Pier has a thorough understanding…

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…

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