Keyword
Supreme Court of Canada
Ontario auto accident benefits priority dispute, involving driver convicted of having no insurance, could reach Supreme Court of Canada
August 22, 2017 by Canadian UnderwriterCan an Ontario auto insurer, in a priority dispute over which insurer should be responsible for paying a claimant accident benefits, be able to argue that a motorist convicted of driving without insurance was in fact insured by the insurer…
Supreme Court ruling against electronics firm director raises concern of increasing exposure of individuals to oppression remedy claims
August 17, 2017 by Canadian UnderwriterA ruling last month by the Supreme Court of Canada means it will be more difficult for corporate directors to have oppression remedy lawsuits against them summarily dismissed by courts, a lawyer suggested Wednesday in a blog post. The decision…
Need for building code upgrades ‘did not come about’ due to ice damage: Alberta court
August 14, 2017 by Canadian UnderwriterThe Supreme Court of Canada will not be hearing an appeal from an Edmonton shopping mall owner, whose award – of more than $500,000 against insurers, arising from a disputed claim involving building code upgrades – was reversed on appeal.…
Directors can be sued under oppression remedy even when they did not personally benefit from conduct: Supreme Court
July 18, 2017 by Canadian UnderwriterA recent Supreme Court of Canada ruling, upholding an oppression remedy award of more than $600,000 against corporate directors, provides “better-defined boundaries for personal liability of directors,” a litigation lawyer wrote Monday. In a ruling released July 13, Canada’s highest…
Commercial lease did not ‘expressly preserve’ right of landlord to pursue subrogated fire claim against tenant: Court
July 7, 2017 by Canadian UnderwriterThe owner of a commercial building damaged by fire that started in a restaurant kitchen is precluded from pursuing a subrogated claim against the restaurant operator due to a clause in the lease requiring the landlord to buy fire insurance,…
Ontario courts will ‘provide some meaning’ to probationary terms in employment contracts but minimum notice standards still apply
July 6, 2017 by Canadian UnderwriterEmployers should “reconsider” starting workers on probation if those probationary periods are being used “legal risk mitigation” strategies, a Toronto lawyer suggested Tuesday in a blog post. In Ontario, when a probationary period is for longer than three months, employer…
Bill eliminating federal tax exemption for farming and fishing insurers passed into law
June 23, 2017 by Canadian UnderwriterThe 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…
Loader truck operator who tested positive for cocaine not fired due to addiction: Supreme Court of Canada
June 16, 2017 by Canadian UnderwriterA 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…
Courts can award damages for mental injury without psychiatric diagnosis: Supreme Court of Canada
June 14, 2017 by Canadian UnderwriterThe 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…
Defamation award of aggravated and general damages against commentator upheld
June 13, 2017 by Canadian UnderwriterThe 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…
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 UnderwriterA 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…
Supreme Court of Canada could hear appeal of lawsuit involving auditors’ duty of care to non-shareholder lenders
May 29, 2017 by Canadian UnderwriterCanada’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…