Canadian Underwriter

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Supreme Court of Canada

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Why this title insurer doesn’t owe the client’s improvement taxes

July 31, 2023 by David Gambrill

Canada’s top court has effectively upheld a decision that a title insurer isn’t on the hook for local improvement charges that become payable in the years following the closing of a real estate transaction. FCT Insurance thus won its appeal

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Supreme Court of Canada sides with city over release for ‘claims of any kind or nature whatsoever’

July 23, 2021 by Greg Meckbach

As the late singer Prince said, forever is a mighty long time. While his 1984 tune “Let’s Go Crazy” is not about tort claims, a Supreme Court of Canada decision released Friday should serve as a reminder of the significance

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Insurers beware: Why your settlements may not be secure

February 16, 2021 by Canadian Underwriter

A record-keeping blunder more than 50 years ago means London, Ont.’s Catholic diocese faces a new multi-million-dollar lawsuit over sexual abuse during the early 1970s of an elementary school student by a priest. The Supreme Court of Canada announced Feb.

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Six-figure pain and suffering judgement against Wal-Mart Canada attracts appeal court scrutiny

May 29, 2020 by Greg Meckbach

A $225,000 award in a lawsuit against Wal-Mart Canada, arising from the accidental spraying of a fire extinguisher by a worker, could be headed to the Supreme Court of Canada. The victim of the accidental spraying, Kim Manos, initially won

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Why it might get easier for plaintiffs to fund their lawsuits

May 21, 2020 by Greg Meckbach

With a recent Supreme Court of Canada decision involving third-party litigation funding coming on top of the economic disruption caused by the COVID-19 pandemic, Canadian courts are likely to see a spike some types of lawsuits, suggests the head of

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Supreme Court Orphan Well ruling: the impact on brokers one year later

March 4, 2020 by Greg Meckbach

If you place pollution liability coverage, you could be hearing from banks and lenders concerned about oil and gas producers potentially going bankrupt. Inquiries about environment impairment liability are on the rise for at least one major Canadian brokerage following

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Supreme Court rules on 1985 pollution liability indemnification

December 6, 2019 Jim Bronskill - THE CANADIAN PRESS

OTTAWA – Two forest-product companies are on the hook for looking after a mercury-contaminated site near Ontario’s Grassy Narrows First Nation, the Supreme Court of Canada has ruled. The 4-3 decision Friday brought some clarity to a long-running dispute over

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Why Supreme Court of Canada is looking at risk-based underwriting

October 21, 2019 by Greg Meckbach

Does the federal government have the power to prohibit insurers from asking consumers questions that carriers say are material to their risk? This question was recently put to the Supreme Court of Canada in a life insurance context. “Risk-based underwriting

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This vehicle accident ‘speaks for itself’

September 22, 2018 by Greg Meckbach

The Supreme Court of Canada will not hear an appeal from a motorist found to be liable for a single-vehicle collision. Brad Gaebel was a passenger in a vehicle driven by Gordon Lipka, who lost control after moving to the

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Judges disagree on whether this collision was a ‘true accident’

September 11, 2018 by Greg Meckbach

A motorist who is being sued by his passenger after a single-vehicle accident wants his case heard by the Supreme Court of Canada. The issue at hand is whether the single-vehicle crash was a “true accident,” in which nobody can

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Auto injury lawsuit involving restaurant tip income could reach Canada’s highest court

June 21, 2018 by Greg Meckbach

A Victoria, B.C. auto accident victim who was awarded about a quarter of what she asked for in a lawsuit is hoping to appeal to the Supreme Court of Canada. A central issue in the case is the verification of

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Oil sands firm could get green light for random drug and alcohol testing

June 19, 2018 by Greg Meckbach

A recent Supreme Court of Canada ruling opens the door to random drug and alcohol testing of Alberta oil sands workers operating heavy equipment. The outcome will no doubt affect some risk managers because employers can be held responsible for