Mr Amjad Khadhair

Amjad Khadhair

Updates

Litigation

Alberta judge dismisses case against police officers on grounds of reasonable force
Canada | 02 July 2019

A Court of Queen's Bench of Alberta judge recently dismissed a case against police officers and the chief of the Edmonton Police Service in its entirety, concluding that the use of force by the defendants did not exceed what was reasonably necessary for the plaintiff's arrest. The case is significant for the court's analysis of forward-looking infrared video evidence, treatment of a prior judicial decision in related criminal proceedings and analysis of the physical force used by police officers to effect an arrest.

Section B benefits require compliance with independent medical examination protocol
Canada | 18 June 2019

Can an insurer deny all Section B benefits if an insured agrees to attend an independent medical examination on conditions that conflict with the examining medical practitioner's protocol? The Alberta Court of Queen's Bench recently considered this question and answered in the affirmative. While the decision was specific to Section B claims, the broader takeaway is equally instructive: relying on the clear terms of a policy does not necessarily impugn the duty of utmost good faith.

When cyber fraud strikes: delineating coverage if employees are duped
Canada | 29 January 2019

The recent growth and sophistication of modern fraud and cybersecurity attacks have necessitated adaptable countermeasures by for-profit and non-profit organisations. Of these countermeasures, the emergence of niche cybercrime and fraud insurance (eg, cyber liability insurance) has given credence to the ethos that cybersecurity breaches are not a matter of if but when. A recent case considered the limits of a funds transfer fraud policy and highlights the importance of reading insurance policies carefully.