Canadian Underwriter

Alberta Court of Appeal

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Say What You Mean

November 20, 2019 Don McGarvey, Senior Partner, McLennan Ross LLP (Edmonton) and Joel Franz, Associate, McLennan Ross LLP

An Alberta court case serves as a reminder that parties to commercial insurance contracts need to spell out their assumptions and expectations using plain and ordinary terms

News ConstructionInsuranceLegal

Need for building code upgrades ‘did not come about’ due to ice damage: Alberta court

August 14, 2017 by Canadian Underwriter

The Supreme Court of Canada will not be hearing an appeal from an Edmonton shopping mall owner, whose award – of more than $500,000 against insurers, arising from a disputed claim involving building code upgrades – was reversed on appeal.

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Damages claim against provincial energy board a ‘dramatic jurisprudential development:’ Judge

January 18, 2017 by Canadian Underwriter

A 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

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Alberta privacy commissioner cannot compel production of records subject to solicitor-client privilege: Supreme Court

December 5, 2016 by Canadian Underwriter

A 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 –

News InsuranceLegalLegislation / Regulation

Alberta Traffic Safety Act imposes ‘statutory duty’ on motorists to remain at scene, co-operate with police: Court

October 17, 2016 by Canadian Underwriter

An Alberta motorist who argued that breath samples ought to have been excluded as court evidence was unsuccessful in appealing convictions of impaired driving and dangerous driving, the Supreme Court of Canada announced Friday. In a ruling released Nov. 20,

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Builder’s Risk

October 1, 2016 Timothy McGurrin, Partner, Miller Thomson

In light of a recent Supreme Court of Canada ruling on a builder’s risk policy, insurers can anticipate that court decisions involving disputes over standard form insurance contracts are more likely to be appealed.