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Published articles and Media mentions
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SCC’s approach to viral disease: COVID-19
The Lawyers Daily
Authored by Miller Thomson’s Helen D.K. Friedman Part one of this series looked at the Supreme Court of Canada’s (SCC) approach to determining insurance coverage for infectious disease in its decision in Gibbens v. Co-operators Life Insurance Company 2009 SCC...
COVID-19: Federal Court of Canada orders parties to resume trial remotely
During the COVID-19 pandemic, uncertainties related to the duration of the public health emergency and the resumption of judicial activities have forced Canadian courts to adapt. A recent example of this new reality was observed in Rovi Guides, Inc. v....
Accidental death benefits and virus transmission
The Lawyers Daily
Authored by Miller Thomson’s Helen D.K. Friedman Few terms have garnered as much judicial consideration in the context of insurance coverage as the term “accident.” The common understanding of insurance is protection from unforeseen, unexpected or unintended events and their...
Advancing our clients’ business ambitions: Representative Q1 2020 transactions
The M&A and Capital Markets teams at Miller Thomson have advised on a variety of transactions that highlight our cross-industry depth and multi-jurisdictional capabilities. Some examples of these transactions are available in this document.
Pennsylvania court decision discusses physical damage aspect of COVID-19
Introduction One of the biggest considerations with respect to whether COVID-19 related losses will be covered by business interruption insurance is whether those losses can be considered “physical loss” or “damage”. Although unrelated to the interpretation of an insurance policy,...
Molly Luu quoted in Toronto Star article on COVID-19 bailouts for tax-haven companies
Toronto Star, "Justin Trudeau’s position on COVID-19 bailouts for tax-haven companies gets murkier"
The article examines whether companies registered in tax havens should be excluded from receiving COVID-19 bailout funds: There are too many unanswered questions about how the government would exclude companies from receiving bailout funds, said Molly Luu, a tax lawyer...
Subrogating against government authorities for COVID-19 losses
Introduction The worldwide number of COVID-19 cases is growing daily, with nearly two million currently active cases.[1] Of those cases, approximately 27,000 are within Canada.[2] As the pandemic continues worldwide, more claims have and will be made to insurers regarding...
COVID-19 issues in private M&A: What we are seeing
The global outbreak of the novel coronavirus (“COVID-19”) is currently changing – and will continue to change – the way people and businesses operate, as well as the way private M&A practice is being conducted now and most likely moving...
COVID-19 Canadian travel and immigration update (April 22, 2020)
Mandatory Quarantine for ALL Travellers Entering Canada Effective April 15, 2020 at 12:01 EDT, all travellers arriving in Canada—whether they are symptomatic or asymptomatic— are subject to a mandatory 14-day quarantine, with the exception of essential workers as defined by...
Causation and concurrent causes of business interruption involving COVID-19
Introduction As the coronavirus pandemic (COVID-19) continues to impact businesses, insurance companies continue to face business interruption claims. As most commercial property policies typically insure against “direct physical loss to the property”, an inquiry into causation is required to determine...