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Exclusion clause for ‘conversion’ in comprehensive auto policy ‘does not come close’ to being easily intelligible: Court

April 24, 2017 by Canadian Underwriter

An exclusion in an auto insurance policy for loss or damage caused by “conversion,” by someone in lawful possession of a vehicle does not apply to a truck tractor badly damaged by fire, a Supreme Court of British Columbia judge

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Legislation allowing alcohol testing of drivers without prior suspicion tabled on Parliament Hill

April 21, 2017 by Canadian Underwriter

If legislation tabled last week is passed into law, Canadian police officers would be able to test any legally-stopped driver for alcohol impairment and the Criminal Code of Canada would be amended to clarify that police drug recognition experts could

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Police are conducting ‘search’ when knocking on door to investigate allegations of drinking and driving: Court

April 20, 2017 by Canadian Underwriter

Canada’s highest court announced Thursday it will not hear a crown appeal of an impaired driving acquittal, in which a Saskatchewan Provincial Court judge ruled that a police officer knocking on the apartment door of a registered vehicle owner constituted

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Lawyer warns pollution lawsuits in Alberta can proceed ‘well past the ultimate limitation period’

April 10, 2017 by Canadian Underwriter

A plaintiff could file a pollution lawsuit in Alberta “well past” the end of the limitation period, even if a hazardous substance was released more than 50 years ago, a lawyer warned in a recent blog post. Alberta’s Environmental Protection

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Court finds Toronto Transit Commission has ‘demonstrated workplace drug and alcohol problem’

April 4, 2017 by Canadian Underwriter

A judge has denied an application for an injunction that would have prohibited the Toronto Transit Commission from randomly testing 20% of its employees every year for drug and alcohol use. In a ruling released Monday, Mr. Justice Frank Marrocco

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Supreme Court of Canada bars lawsuits against hospital, police by auto accident victims compensated by SAAQ

March 27, 2017 by Canadian Underwriter

An auto accident victim who is compensated by Quebec’s public automobile insurance plan cannot sue a third party for an “aggravated” or “separate” aspect of the injury, provided there is a “plausible, logical and sufficiently close link” between the accident

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Ottawa plans to eliminate tax exemption for farm property insurers, amend anti-money laundering laws

March 23, 2017 by Canadian Underwriter

The federal government said Wednesday it is proposing to eliminate a tax exemption introduced in 1954 for insurance carriers providing property insurance for farming and fishing properties. In its budget document, the ruling Liberals suggested they want to give the

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Supreme Court of Canada could consider whether alcohol consumption is relevant in dangerous driving trials

March 21, 2017 by Canadian Underwriter

Canada’s highest court may consider whether a jury, in deciding whether a person is guilty of the criminal offence of dangerous driving causing death, should consider whether the accused had been drinking alcohol, if the accused was not convicted of

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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 rules on admissibility of police drug recognition experts in criminal impaired driving trials

February 23, 2017 by Canadian Underwriter

An Ontario motorist charged with impaired driving is facing a third trial now that the Supreme Court of Canada has ruled that a judge did not have to hold a voir dire before admitting opinion evidence from a police drug