Topic Legal
Purdue Pharma pleas could bolster efforts for Canadian opioid class action
October 23, 2020 by Anita Balakrishnan - THE CANADIAN PRESSTORONTO – A Canadian class action against opioid makers will start the process of getting certified in a hearing next month, a key test on how courts here will handle a case that is making waves in the U.S. The…
Why brokers are going to get sued over pandemic business interruption claims
October 21, 2020 by Greg MeckbachSome brokers are going to get sued by clients whose COVID-19 business interruption claims were denied, a keynote speaker warned Insurance Brokers Association of Ontario (IBAO) members Wednesday. “The main area of claim will be failure to advise of potential…
Ontario to provide COVID-19 liability protection to workers and some organizations
October 21, 2020 by Shawn Jeffords and Liam Casey -THE CANADIAN PRESSTORONTO – Health-care workers, businesses and non-profits could receive liability protection against COVID-19-related lawsuits under legislation proposed by the Ontario government Tuesday, but critics said the bill would result in extra protection for long-term care providers who failed residents during…
Why this client can only recover $50,000 on a $2.7-million commercial crime claim
October 16, 2020 by Greg MeckbachAn electronics distributor that lost nearly $2.7-million because its accounts payable staff were duped by fraudsters cannot claim under policy wording covering funds transfer fraud, a Quebec court has ruled. In Future Electronics Inc. (Distribution) Pte Ltd. v. Chubb Insurance…
What Canada’s Supreme Court says about employers’ liability for bonuses
October 15, 2020 by Greg MeckbachA constructive dismissal award against a Halifax-based fish oil maker of nearly $1.1-million has been restored by the Supreme Court of Canada. When it comes to employment practices liability, a key lesson from Matthews v. Ocean Nutrition Canada Ltd., released…
Former Quebec premier suing government for $1M for privacy violation
October 15, 2020 by The Canadian PressMONTREAL – Former premier Jean Charest is suing the Quebec government for violation of his privacy in connection with an investigation by the province’s anti-corruption unit. The lawsuit filed Friday in Montreal seeks $1 million in punitive damages and $50,000…
Cancelled contracts in the COVID age: A tribunal weighs in on a wedding, interrupted
October 14, 2020 by David GambrillA public health emergency such as a pandemic may be an unforeseen “act of God,” but that doesn’t necessarily mean it will make it illegal or impossible for a business to fulfill the terms of a commercial contract with a…
Why the court found the landlord responsible for this winter roof collapse
October 13, 2020 by Greg MeckbachA courier firm has successfully sued its landlord for $188,000 after the roof of its Halifax area warehouse collapsed under the weight of snow and ice. In Transport Canpar L.P. v. 3258042 Nova Scotia Limited, released Oct. 8, Justice Richard…
B.C. auto could look a bit like these two provinces under a Liberal regime: IBC
October 9, 2020 by Greg MeckbachIf the Liberals return to power this fall in British Columbia after a three-year hiatus, and if they keep their election promises, the province’s auto insurance system may look similar to the auto insurance systems in both Quebec and Saskatchewan,…
Consortium building Eglinton Crosstown takes government to court over COVID-19 issues
October 9, 2020 by John Chidley-Hill - THE CANADIAN PRESSTORONTO – The consortium building a light-rail transit line across Toronto said Thursday that it was taking the provincial government to court over alleged delays and cost overruns related to COVID-19. Crosslinx Transit Solutions said it had filed an application…
Appeal court spells out difference between an ‘omission’ and a ‘misrepresentation’ on an insurance form
October 8, 2020 by David GambrillB.C.’s Court of Appeal overturned a decision Wednesday against BCAA Insurance Corporation in a case that turned on the crucial difference between an “omission” and a “misrepresentation” in a home insurance application. Ultimately, the B.C. Court of Appeal ordered a…
COVID-19 pandemic accelerating digital privacy risks, federal watchdog warns
October 8, 2020 by The Canadian PressOTTAWA – The federal privacy czar says the COVID-19 pandemic is underscoring weaknesses in the law that place the personal information of Canadians at risk. In his annual report presented to Parliament today, privacy commissioner Daniel Therrien warns the pandemic…