Keyword
Supreme Court of Canada
Criminal Code changes proposing mandatory alcohol screening of drivers tabled for second reading
May 24, 2017 by Canadian UnderwriterThe 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…
Mexican resort can be sued in Alberta by tourist alleged to have accidentally ingested cleaning fluid in hotel room
May 18, 2017 by Canadian UnderwriterA 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…
Lawyer defending accused impaired drivers sought ‘extraordinary remedies’ in alleging bias against two judges in a row: Supreme Court
May 14, 2017 by Canadian UnderwriterA 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…
Cyber security a ‘key aspect’ of risk management for medical professional liability insurers: A.M. Best
May 11, 2017 by Canadian UnderwriterMedical 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,…
City loses argument that nine-year-old contributorily negligent after being hit by car
May 9, 2017 by Canadian UnderwriterThe 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…
Exclusion clause for ‘conversion’ in comprehensive auto policy ‘does not come close’ to being easily intelligible: Court
April 24, 2017 by Canadian UnderwriterAn 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…
Legislation allowing alcohol testing of drivers without prior suspicion tabled on Parliament Hill
April 21, 2017 by Canadian UnderwriterIf 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…
Police are conducting ‘search’ when knocking on door to investigate allegations of drinking and driving: Court
April 20, 2017 by Canadian UnderwriterCanada’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…
Lawyer warns pollution lawsuits in Alberta can proceed ‘well past the ultimate limitation period’
April 10, 2017 by Canadian UnderwriterA 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…
Court finds Toronto Transit Commission has ‘demonstrated workplace drug and alcohol problem’
April 4, 2017 by Canadian UnderwriterA 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…
Supreme Court of Canada bars lawsuits against hospital, police by auto accident victims compensated by SAAQ
March 27, 2017 by Canadian UnderwriterAn 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…
Ottawa plans to eliminate tax exemption for farm property insurers, amend anti-money laundering laws
March 23, 2017 by Canadian UnderwriterThe 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…