Keyword
Supreme Court of Canada
Directors and officers fail to get shareholders class-action tossed out of Ontario court
June 3, 2018 by Greg MeckbachFive former directors and officers of a Vancouver-based mining firm can be sued personally in Ontario by shareholders alleging the firm misrepresented financial statements. The Supreme Court of Canada announced Thursday it will not hear an appeal, from SouthGobi Resources…
Supreme Court says garage not liable for teen crash in stolen car
May 11, 2018 The Canadian PressOTTAWA – A garage owner should not be held responsible for the terrible injuries a teen suffered when he and a friend stole a car from his lot and crashed it in a “tragic set of events,” the Supreme Court…
Judges at odds on liability of directors and officers in shareholders’ lawsuit
May 7, 2018 by Greg MeckbachA class-action lawsuit by shareholders against five directors and officers of a Vancouver-based coal mining firm may reach the Supreme Court of Canada. Directors and officers are at risk of being sued by shareholders if the company’s share price drops;…
Hot coffee scalds your client in a drive-through. Is that an auto “accident”?
February 23, 2018 by Greg MeckbachOntario auto insurance policies will have to cover a much wider scope of risk if the Supreme Court of Canada does not overturn a recent court ruling against Aviva Canada, Aviva’s lawyer argues. In Dittmann v. Aviva Insurance Company of Canada,…
Surety providers’ argument rejected by Supreme Court of Canada
February 19, 2018 by Greg MeckbachAn argument from a group of insurers and brokers – that construction contractors should not have a duty to inform subcontractors of the existence of a surety bond – has been rejected by the Supreme Court of Canada. In Valard…
Can motorists raise doubts about accuracy of a breathalyzer test?
January 31, 2018 by Greg MeckbachWhen a motorist is charged with impaired driving, the Crown attorney should not automatically have to gather and turn over to the defendant all maintenance records on the breathalyzer that was used in the case, the Ontario government suggests. The…
Rules for appealing contract disputes continue to dog courts
January 7, 2018 by Greg MeckbachA recent Alberta court decision arising from a fatal vehicle accident shows disagreement among legal experts over how to apply the Supreme Court of Canada’s 2016 Ledcor ruling. A divided Alberta Court of Appeal ruling in EnCana Oil & Gas…
Top court finds auditor liable for failing to detect white-collar crime
December 20, 2017 by Canadian UnderwriterAuditing firm Deloitte must pay $40 million in damages to a Canadian broadway musical company whose founders perpetrated a fraud that the auditor failed to detect, the Supreme Court of Canada ruled in a divided decision released Wednesday. Canada’s highest…
Supreme Court of Canada hears surety bond dispute
November 8, 2017 by Canadian UnderwriterA construction subcontractor that was not fully paid and whose claim on a surety bond was denied had its case heard Tuesday before the Supreme Court of Canada. In 2009, Langford Electric Ltd. subcontracted directional drilling work to Valard Construction…
Supreme Court rules against Canadian banks in lawsuit arising from cheque fraud
October 30, 2017 by Canadian UnderwriterDespite a warning from lawyers that banks could be made “insurers against cheque fraud perpetrated by employees on their employers,” the Supreme Court of Canada announced Friday it has ruled against two banks that were sued by a company that…
Bodily injury lawsuit against City of Montreal not barred by six-month prescriptive period
October 13, 2017 by Canadian UnderwriterThe family of a Montreal woman murdered in 2010 is not barred, by the six-month prescriptive period in Quebec’s Cities and Towns Act, from suing the city, the Supreme Court of Canada suggested in a ruling released Friday. In the…
Insurer can dispute conviction of driving without insurance in accident benefits priority dispute
August 24, 2017 by Canadian UnderwriterFederated Insurance Company of Canada is allowed to bring forth arguments – in an Ontario auto accident benefits priority dispute with Intact Insurance Company – that a motorist convicted of driving without insurance was nevertheless insured by Intact, now that the Supreme Court of Canada has denied Intact leave to appeal.
Court records indicate that in early 2010, Patrick Cadieux had his vehicle insured by Intact. But his premium payment for February, 2010 was returned due to non-sufficient funds, Justice James Diamond of the Ontario Superior Court of Justice noted…