Loss of earning capacity in connection with bodily injury: gross income or net income?

Février 2013 — “…we have been witness to an emerging contradictory tendency in case law, as several trial level judges granted an indemnity on the basis of net earnings, after deducting income tax.” The Supreme Court has been clear since 1966. Income replacement indemnities granted to compensate the loss of earning capacity are calculated on the basis of a victim’s …

The confidentiality of the report of a claims adjuster or an investigator whose services are retained by an insurer is reaffirmed by the Court of Appeal

Mai 2012 — “Last March 6, in a unanimous decision, the Court of Appeal reaffirmed the fact that an insurer could not be obliged to disclose to the opposing party the investigation report of the investigators and claims adjusters whose services it had retained.” Last March 6, in a unanimous decision, the Court of Appeal reaffirmed the fact that an …