Topic Liability
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…
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…
Ex-senator’s staff to be compensated $498K for harassment, abuse
October 14, 2020 by The Canadian PressOTTAWA – The Senate of Canada will pay nearly half a million dollars in compensation to nine employees of a now-resigned senator who say they suffered harassment, including sexual harassment, on the job. The decision today to award $498,000 in…
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…
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…
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…
How COVID-19 can trigger a ‘force majeure’ or ‘act of God’ clause in a contract
October 7, 2020 by Greg MeckbachThe COVID-19 pandemic could be considered an “act of God,” but that doesn’t necessarily mean a client can recoup a deposit for cancelling a large gathering, a recent British Columbia Civil Resolution Tribunal ruling suggests. While most property and casualty…
Appeal court dismisses lawsuit against Economical over additional insured endorsement
October 5, 2020 by Greg MeckbachA solar energy developer has lost its appeal against Economical in a commercial coverage dispute regarding an additional insured, in which the policy wording referred to “liability arising out of the operations” of the insured. “Contractual insurance obligations and additional…
Governments shouldn’t shield essential workers from COVID-19
October 5, 2020 by Hilary Young, Associate Professor, Law, University of New Brunswick - THE CONVERSATIONThis article was originally published on The Conversation, an independent and nonprofit source of news, analysis and commentary from academic experts. Disclosure information is available on the original site. ___ Essential workers are the heroes of the COVID-19 pandemic. Civil…
Seven survivors of Alberta tour bus rollover file lawsuit
October 1, 2020 by Daniela Germano - THE CANADIAN PRESSEDMONTON – A northern Alberta woman who survived a fatal tour bus crash in Jasper National Park this summer says she is one of the lucky ones, but her recovery will be long and painful. Sweta Patel, 27, from High…
Intact warns of indirect economic impact from COVID
September 29, 2020 by Greg MeckbachThe economic impact of the COVID-19 pandemic is one of the biggest risks facing Canadian insurers, executives told a recent investors’ conference. “What can happen to us is what we call indirect losses,” Intact Financial Corp. CFO Louis Marcotte said…
Why this client wants to take insurer to Supreme Court over family protection endorsement
September 25, 2020 by Greg MeckbachA motor vehicle personal injury lawsuit, involving Ontario’s family protection endorsement and multiple defendants when alcohol is involved, could be headed to the Supreme Court of Canada. A key question before the top court — if it decides to hear…