FRESH

&NEW

FRESH

&NEW

   eirFoulds’ subrogation

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Advancing A Claim In Negligence For A Cargo Loss - How Different Limitation Periods May Apply.

team successfully opposed a motion for summary judgment recently, reported at Kinectrics Inc. v. FCL Fisker Customs & Logistics Inc., 2020 ONSC 6748. In that decision, Justice Sanfilippo recognized that different limitation periods can apply to different causes of action, such that a negligence claim can be advanced in relation to a cargo loss, in which case the discoverability principle may apply. Justice Sanfilippo also suggested a novel limitation period argument which could benefit subrogated insurers.

Raj Datt

Chair, Subrogation & Recovery

Raj Datt is a partner and the Chair of the firm’s Subrogation & Recovery practice. His practice is focused on prosecuting large commercial and residential property losses arising from fires, floods, product liability, oil & gas operations, construction projects, etc.

Senior Associate

Marie-Pier Nadeau is an associate in the Subrogation & Recovery Practice Group at WeirFoulds LLP. Marie-Pier has a thorough understanding of the insurance industry and regularly provides her clients with clear and practical advice.

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