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appeal

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Supreme Court of Canada to hear appeal over duty of care owed by repair centre to auto thieves

March 10, 2017 by Canadian Underwriter

The Supreme Court of Canada recently announced it will hear an appeal from an auto repair centre that was successfully sued by a person who participated in the theft of a customer’s car from that repair centre and was injured

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Supreme Court of Canada to hear appeal from subcontractor arguing trustee must notify potential claimants of existence of surety bond

March 9, 2017 by Canadian Underwriter

The Supreme Court of Canada announced Thursday it will hear an appeal from a subcontractor on an oilsands project who is trying to sue a general contractor for failing to inform it of the existence of a surety bond. Court

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Supreme Court of Canada will not hear appeal from accident victim who tried to sue municipality

March 2, 2017 by Canadian Underwriter

A pedestrian who was hit by a car is not able to sue the City of Kitchener and the Regional Municipality of Waterloo, Ontario because the Ontario Limitations Act bars the plaintiff from adding the municipalities as defendants to an

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Supreme Court of Canada hears appeal from auditing firm over $118-million judgement arising from Livent fraud

February 15, 2017 by Canadian Underwriter

If the Supreme Court of Canada upholds a Court of Appeal for Ontario ruling against Deloitte & Touche, corporate auditors “will be encouraged to resign an audit before they feel they can responsibly do so in order to minimize the

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Intact, Allstate disagree on whether accident victims “principally dependent” on policyholder

February 13, 2017 by Canadian Underwriter

The Supreme Court of Canada will not hear an appeal over an arbitration ruling in an auto accident benefits priority dispute, where insurers disagreed on whether a claimant was “principally dependent” on the owner of a vehicle. Court records indicate

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Injured federal worker’s lawsuit against employers can proceed

January 13, 2017 by Canadian Underwriter

The Supreme Court of Canada announced Thursday it will not hear an appeal from a construction worker who was named in a statement of claim by a federal employee in Whitehorse, paving the way for an injured worker to sue

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Courts should not use ‘second-hand lay evidence’ to support damage awards for psychological harm: IBC

January 4, 2017 by Canadian Underwriter

The question of whether a court can award compensation for psychological injuries in the absence of a medical diagnosis will be considered this month when the Supreme Court of Canada hears an appeal arising from an auto collision near Vancouver.

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Alberta Traffic Safety Act imposes ‘statutory duty’ on motorists to remain at scene, co-operate with police: Court

October 17, 2016 by Canadian Underwriter

An Alberta motorist who argued that breath samples ought to have been excluded as court evidence was unsuccessful in appealing convictions of impaired driving and dangerous driving, the Supreme Court of Canada announced Friday. In a ruling released Nov. 20,

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Supreme Court of Canada hears appeal over Nova Scotia auto family protection endorsement

October 7, 2016 by Canadian Underwriter

The Supreme Court of Canada heard Wednesday an appeal from a Nova Scotia auto accident victim whose future Canada Pension Plan disability payments were ordered deducted from the amount payable under his family protection endorsement. Andrew Sebean suffered injuries to

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Disputed $25-million product liability claim will not reach Canada’s highest court, for now

August 4, 2016 by Canadian Underwriter

The Supreme Court of Canada recently announced it will not hear an appeal, from a forestry firm’s captive reinsurance company, of a ruling arising from a disputed $25-million liability insurance claim. This means that an order for a new trial