Keyword
Supreme Court of Canada
Alberta Energy Resources Conservation Board immune from $50,000 lawsuit alleging Charter rights violations: Supreme Court
January 16, 2017 by Canadian UnderwriterLaws that shield quasi-judicial decision makers and public inquiry officials from personal damages claims are meant to protect their impartiality, a Supreme Court of Canada judge suggested in a ruling released Friday. Jessica Ernst sought a remedy of $50,000 from…
Injured federal worker’s lawsuit against employers can proceed
January 13, 2017 by Canadian UnderwriterThe Supreme Court of Canada announced Thursday it will not hear an appeal from a construction worker who was named in a statement of claim by a federal employee in Whitehorse, paving the way for an injured worker to sue…
Lawsuit against employers by federal worker, arising from head injury, may reach Supreme Court of Canada
January 9, 2017 by Canadian UnderwriterThe Supreme Court of Canada is scheduled to announce Thursday whether it will hear an appeal over the question of whether the restriction, in a provincial workers’ compensation plan against suing employers, also applies to federal workers subject to the…
Courts should not use ‘second-hand lay evidence’ to support damage awards for psychological harm: IBC
January 4, 2017 by Canadian UnderwriterThe question of whether a court can award compensation for psychological injuries in the absence of a medical diagnosis will be considered this month when the Supreme Court of Canada hears an appeal arising from an auto collision near Vancouver.…
Broken Vessels
January 1, 2017 Greg Meckbach, Associate EditorThe explosion that destroyed the AMOS-6 satellite will “heavily hit the London market,” a reinsurance executive predicts, while a marine underwriting official reports about a third of Canada’s $321-million marine insurance market, in 2015, was from yacht and $55 million was from hull.
Motorists’ oral drug testing trial to ‘help establish possible future operating procedures:’ Public Safety Canada
December 16, 2016 by Canadian UnderwriterIn a pilot project involving anonymous volunteers, several police departments across Canada will start using oral fluid screening devices to test drivers for drugs such as marijuana and cocaine, the federal government announced Wednesday. “None of the results from the…
Ontario court upholds 20-year driving ban for repeat impaired driver
December 6, 2016 by Canadian UnderwriterA 20-year driving ban, on an Ontario man with more than 10 drunk driving convictions, was recently upheld by the province’s Summary Conviction Appeal Court. In February, 2009, Victor Freeborn-Mejia was sentenced to six months in jail plus a 20-year…
Alberta privacy commissioner cannot compel production of records subject to solicitor-client privilege: Supreme Court
December 5, 2016 by Canadian UnderwriterA constructive dismissal lawsuit, against the University of Calgary, has led to a ruling from the Supreme Court of Canada that Alberta’s Freedom of Information and Protection of Privacy Act does not require a public body turn over records –…
Lawyer explains why some federally-regulated employees cannot be dismissed without cause
November 30, 2016 by Canadian UnderwriterA Supreme Court of Canada ruling released in July has “huge ramifications” for employers in the trucking industry, while a more recent decision provides guidance on interpreting standard-form contracts, a lawyer suggested Tuesday to insurance professional in Toronto. In its…
Litigation privilege ‘can be asserted’ against administrative investigators, Supreme Court of Canada finds in ruling in favour of Aviva
November 28, 2016 by Canadian UnderwriterAn insurer in Quebec can assert litigation privilege when the province’s self-regulating body for agents, brokers and claims adjusters demands a copy of an entire file on a claim, the Supreme Court of Canada suggested in a ruling released this…
Supreme Court of Canada to consider scope of corporate directors’ personal liability under oppression remedy claims
November 22, 2016 by Canadian UnderwriterCanada’s highest court will hear Tuesday arguments in favour of and against a two-part test – for imposing personal liability on a corporate director for “oppressive” corporate conduct – proposed by a director who was sued for nearly $4.7 million.…
‘Sloppy paperwork’ alone does not trigger oppression remedy: Supreme Court of Canada
November 21, 2016 by Canadian UnderwriterThe failure of a company to follow the Canada Business Corporations Act does not necessarily trigger an oppression remedy, the Supreme Court of Canada ruled in a divided decision released Friday. Section 241 of the Canada Business Corporations Act essentially…