Canadian Underwriter

Keyword
Supreme Court of Canada

News Commercial LinesInsuranceLegislation / RegulationMarkets / Coverages

Bill eliminating federal tax exemption for farming and fishing insurers passed into law

June 23, 2017 by Canadian Underwriter

The federal government passed Thursday a law eliminating the tax exemption for insurers covering farming and fishing properties. Bill C-44 is omnibus legislation that implements, among other things, some provisions of the federal budget 2017-18, tabled March 22. In addition

News InsuranceLegalMarkets / Coverages

Loader truck operator who tested positive for cocaine not fired due to addiction: Supreme Court of Canada

June 16, 2017 by Canadian Underwriter

A coal mining company that fired an employee who tested positive for cocaine after an accident did not violate the Alberta Human Rights Act, the Supreme Court of Canada ruled in a divided decision released Thursday. Court records indicate that

News InsuranceLegalMarkets / CoveragesPersonal Lines

Courts can award damages for mental injury without psychiatric diagnosis: Supreme Court of Canada

June 14, 2017 by Canadian Underwriter

The Supreme Court of Canada has rejected an argument by Insurance Bureau of Canada that a court should not award damages for psychological or emotional damage unless the plaintiff demonstrates the tort caused a “recognizable psychiatric illness.” In a recent

News InsuranceLegalMarkets / Coverages

Defamation award of aggravated and general damages against commentator upheld

June 13, 2017 by Canadian Underwriter

The Supreme Court of Canada announced Friday it will not hear an appeal from a political commentator and lawyer who was successfully sued for $80,000 for calling a person a liar in blog posts. In 2014, a judge with the

News InsuranceLegalLegislation / RegulationPersonal Lines

Supreme Court of Canada will not hear appeal from insureds seeking replacement cost instead of actual cash value in fire claim

June 2, 2017 by Canadian Underwriter

A disputed property insurance claim arising from a fire in Ottawa, in which the claimants asked for replacement value but the insurer would only pay actual cash value, will not be heard by the Supreme Court of Canada, the court

News InsuranceLegal

Supreme Court of Canada could hear appeal of lawsuit involving auditors’ duty of care to non-shareholder lenders

May 29, 2017 by Canadian Underwriter

Canada’s highest court will decide June 1 whether it will hear an appeal from a major auditing and accounting firm that could face a trial this fall in a class action lawsuit filed by several banks over the bankruptcy in

News InsuranceLegalLegislation / RegulationPersonal Lines

Criminal Code changes proposing mandatory alcohol screening of drivers tabled for second reading

May 24, 2017 by Canadian Underwriter

The federal government is aiming to remove the “bolus drinking” loophole with amendments to the Criminal Code provisions on impaired driving, Attorney General of Canada Jody Wilson-Raybould suggested Friday on Parliament Hill. If Bill C-46 is passed into law, Canadian

News InsuranceLegalMarkets / CoveragesPersonal Lines

Mexican resort can be sued in Alberta by tourist alleged to have accidentally ingested cleaning fluid in hotel room

May 18, 2017 by Canadian Underwriter

A lawsuit against a Mexican vacation resort – arising from a tourist alleged to have accidentally ingested cleaning product stored in a water bottle in a mini bar fridge – can proceed in Alberta, as a result of a ruling

News InsuranceLegal

Lawyer defending accused impaired drivers sought ‘extraordinary remedies’ in alleging bias against two judges in a row: Supreme Court

May 14, 2017 by Canadian Underwriter

A lawyer representing 10 motorists charged with drinking and driving-related criminal offences in Quebec has to pay $3,000 personally in costs after motions for writs of prohibition against judges were dismissed. In a decision released Friday, the Supreme Court of

News InsuranceLegalMarkets / CoveragesReinsuranceTechnology

Cyber security a ‘key aspect’ of risk management for medical professional liability insurers: A.M. Best

May 11, 2017 by Canadian Underwriter

Medical professional liability insurers who retain cyber risk need to limit their exposure “through strong policy language,” A.M. Best Company Inc. warned in a report released Wednesday. The ability to “identify emerging risks in areas such as cyber security,” is,

News InsuranceLegalLegislation / RegulationMarkets / Coverages

City loses argument that nine-year-old contributorily negligent after being hit by car

May 9, 2017 by Canadian Underwriter

The Supreme Court of Canada has dismissed an application from the City of Hamilton for leave to appeal a finding that a nine-year-old boy was not contributorily negligent after he was hit by a car at a location where a

News InsuranceLegalPersonal Lines

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