Monthly Archives: July 2020

ILN Today Post

INDIAN SATELLITE COMMUNICATION POLICY: THE RECENT REFORMS

After years of missed opportunities, the Government of India has opened the doors to the vast untapped opportunities of private sector participation in the Indian space program. The Central Government has recently approved far reaching reforms in the space sector aimed at boosting private sector participation in the entire range of space activities with the aim of making India self-reliant in space technology.

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ILN Today Post

New draft e-commerce policy soon to be in the public domain

To enable the Government of India (“Govt”) to have quick and easy access to data flowing on the e-commerce platforms in the country such as Flipkart, Amazon, YouTube, Facebook, etc., the Department for Promotion of Industry and Internal Trade (“DPIIT”) will soon roll out a new Ecommerce Policy (“Policy”) wherein the regulations on issues such as security, law and order, law enforcement, taxation and safety of individuals are provided in a detailed manner.

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SNC-Lavalin inc. c. Deguise: Coverage Based on Claims Made and Reported: No Limitation for Reporting During More Than One Period of Insurance

By Jeanine Guindi, from our Insurance Law Practice Group

On April 6, the Court of Appeal of Québec rendered its decision in SNC-Lavalin inc. (Terratech inc. et SNC-Lavalin Environnement inc.) c. Deguise, 2020 QCCA 495.

Considering the importance of this decision for both the construction and insurance industries, RSS offers a series of newsletters discussing the main issues at stake. This is one segment of the complete series found here.

July 3, 2020 — The decision of the Court of Appeal in Deguise and its conclusions arising from the problems caused by pyrrhotite in the foundations of many buildings in the Trois-Rivières will leave a significant impact in Quebec’s judicial history. The decision also confirms important concepts as to the interpretation of certain clauses in liability insurance policies as to the protection offered for specific insurance periods.

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SNC-Lavalin inc. c. Deguise: Date of Occurrence and the Trigger of Coverage

By Jean-François Lamoureux, from our Insurance Law Practice Group

On April 6, the Court of Appeal of Québec rendered its decision in SNC-Lavalin inc. (Terratech inc. et SNC-Lavalin Environnement inc.) c. Deguise, 2020 QCCA 495.

Considering the importance of this decision for both the construction and insurance industries, RSS offers a series of newsletters discussing the main issues at stake. This is one segment of the complete series found here.

July 3, 2020 — As one can easily imagine, a judgment of over 350 pages from the Court of Appeal will raise numerous different questions.
One of those questions (the 68th raised by the parties!) touched an important subject of the insurance coverage in a general civil liability policy. When a damage occurs that manifests itself only after several months or years but that, by its very nature, had to start much earlier, which policy is triggered? The Court of Appeal had to determine the moment that the damage occurred in order to determine if the insurance policies issued, especially those of the supplier of materials and the general contractor, covered the damages claimed by the Plaintiffs (the home owners).

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SNC-Lavalin inc. c. Deguise: Application of the “Prior Insurance and Non-Cumulation of Liability” Clause

By Nicolas Pfister, from our Insurance Law Practice Group

On April 6, the Court of Appeal of Québec rendered its decision in SNC-Lavalin inc. (Terratech inc. et SNC-Lavalin Environnement inc.) c. Deguise, 2020 QCCA 495.

Considering the importance of this decision for both the construction and insurance industries, RSS offers a series of newsletters discussing the main issues at stake. This is one segment of the complete series found here.

July 3, 2020 — In the matter of SNC-Lavalin Inc. (Terratech Inc. et SNC-Lavalin Environnement Inc.) c. Deguise, the excess insurers Northbridge and AIG argued that the non-cumulation of liability clause in the insurance policy was applicable to the facts at issue. The Court of Appeal dismissed the argument and thus accepted the trial judge’s analysis. It should be noted that only the provisions of AIG’s policy were analysed since Northbridge’s policy was a follow form type policy and must therefore follow the provisions of AIG’s policy.

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SNC-Lavalin inc. c. Deguise: Insureds’ Omission to Declare All Facts Relevant to the Risk

By Chantal Noël, from our Insurance Law Practice Group

On April 6, the Court of Appeal of Québec rendered its decision in SNC-Lavalin inc. (Terratech inc. et SNC-Lavalin Environnement inc.) c. Deguise, 2020 QCCA 495.

Considering the importance of this decision for both the construction and insurance industries, RSS offers a series of newsletters discussing the main issues at stake. This is one segment of the complete series found here.

July 3, 2020 — The “pyrrhotite case” led to numerous disputes in which the plaintiffs alleged the existence of a latent defect affecting the solidity of the foundations of their building due to the presence of pyrrhotite in the concrete.

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Should you Download Canada’s Newest COVID-19 App?

By Sydney Warshaw, from our Business Law Group

July 3, 2020 — If you checked the settings on your cellphone right now, you might be surprised to find that a new service called “COVID-19 exposure notifications” has suddenly appeared amongst basic options like “auto-fill” and “parental controls”. While this unprompted addition to your phone might cause initial alarm, this new setting can’t actually control anything until the Canadian government releases its COVID-19 contact tracing app in the coming weeks, and even then, you’ll have to download it.

What is the app?

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Video: OSHA’s Three-Phase Plan, COVID-19 Workplace Training, Virginia’s Seismic Shift – Employment Law This Week

As featured on #WorkforceWednesday: This week, we finally have some guidance from the Occupational Safety and Health Administration (OSHA), and big employment law changes in Virginia go into effect.

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Rainmaking Recommendation from Jaimie Field: How to Finish 2020 Strong (Part 1)

It’s been a tough first six months of the year, but rainmaking coach and expert, Jaimie Field, is weighing in this week with how we can finish the year strong!

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Can you finish 2020 strong?

That’s an interesting question considering all that we have gone through in the first six months of this year.

But, your answer should be “Hell yes! I can finish 2020 strong.”

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Seattle Mandates Temporary Premium Pay and Other Benefits for Certain Gig Economy Workers During Pandemic Continue Reading…

As we wrote about in more detail here, the ongoing coronavirus pandemic has brought increased attention to the legal and practical distinctions between employees (who are entitled to various compensation and employment benefits under the law) and independent contractors (who generally are not).  The pandemic has also prompted lawmakers at the federal, state, and local level to explore further legislation designed to provide independent contractors with greater protections under the law.

The Seattle City Council has now passed two ordinances—the “Gig Worker Premium Pay Ordinance” and the “Gig Worker Paid Sick and Safe Time Ordinance”—that will temporarily impose heightened requirements on transportation network and food delivery network companies.

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