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Supreme Court of Canada
Supreme Court of Canada could consider whether alcohol consumption is relevant in dangerous driving trials
March 21, 2017 by Canadian UnderwriterCanada’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…
Do repair centres owe a duty of care to car thieves?
March 10, 2017 by Canadian UnderwriterThe 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…
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 UnderwriterThe 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…
Supreme Court of Canada will not hear appeal from accident victim who tried to sue municipality
March 2, 2017 by Canadian UnderwriterA 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…
Supreme Court rules on admissibility of police drug recognition experts in criminal impaired driving trials
February 23, 2017 by Canadian UnderwriterAn 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…
Supreme Court of Canada will not hear appeal from municipality ruled negligent after cyclist breaks neck
February 16, 2017 by Canadian UnderwriterCanada’s highest court announced Thursday it will not hear an appeal from a municipality that was sued, under Ontario’s Occupiers Liability Act, by a cyclist who broke his neck after attempting to ride over an obstacle at an adventure park.…
Supreme Court of Canada hears appeal from auditing firm over $118-million judgement arising from Livent fraud
February 15, 2017 by Canadian UnderwriterIf the Supreme Court of Canada upholds a Court of Appeal for Ontario ruling against Deloitte & Touche, corporate auditors “will be encouraged to resign an audit before they feel they can responsibly do so in order to minimize the…
Intact, Allstate disagree on whether accident victims “principally dependent” on policyholder
February 13, 2017 by Canadian UnderwriterThe Supreme Court of Canada will not hear an appeal over an arbitration ruling in an auto accident benefits priority dispute, where insurers disagreed on whether a claimant was “principally dependent” on the owner of a vehicle. Court records indicate…
Dirty Windows Help to Clarify Appellate Review of Standard Form Contracts
February 10, 2017 Michael S. Teitelbaum, partner; and Tara Chown, student-at-law, Hughes Amys LLPThe Supreme Court of Canada decision in Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co. has created an exception to the principle outlined in Sattva Capital Corp. v. Creston Moly Corp. and may lead to an increase in insurance litigation.
Future CPP disability benefits not deductible from payments under Nova Scotia auto family protection endorsement: Supreme Court
January 27, 2017 by Canadian UnderwriterFuture disability benefits under the Canada Pension Plan are not deductible from auto insurers’ payments under the Nova Scotia family protection endorsement, the Supreme Court of Canada found in a ruling released Friday. Canada’s highest court restored a 2013 ruling,…
Gasoline, alcohol sales, food preparation among special risks for supermarkets: Chubb
January 24, 2017 by Canadian UnderwriterChubb Ltd. is advising supermarket operators in the United States who sell alcohol to consider limiting the amount of alcohol a customer can buy and to watch parking lots to ensure customers are not drinking. In a report released Monday,…
Damages claim against provincial energy board a ‘dramatic jurisprudential development:’ Judge
January 18, 2017 by Canadian UnderwriterA recent Supreme Court of Canada decision leaves “open the possibility that members of a quasi-judicial regulatory board could be sued for damages” by someone accusing that board of violating their constitutional rights, a constitutional law professor told Canadian Underwriter…