Keyword
appeal
Traffic stop “perfectly legal,” Ontario appeal court rules in impaired driving case
June 28, 2018 Colin Perkel - THE CANADIAN PRESSTORONTO – A man found to have been driving drunk has been convicted even though the police officer who stopped him was looking for another suspected impaired driver. In a ruling setting aside two lower court decisions, Ontario’s top court…
Insurer owes $234K in priority dispute when “named insured” is not the actual car owner
June 22, 2018 by David GambrillOntario’s Motor Vehicle Fund has recovered $234,574 in a priority dispute arising when GAN Canada Insurance (since acquired by Aviva Traders) sent a policy termination notice in 2001 to a named insured who was not the owner of the car…
Inconvenience: the new standard for certifying privacy breach class actions?
February 28, 2018 by Jason ContantJudges in class action lawsuits involving privacy breaches are going to become “more accepting of the notion that you can get money for your inconvenience,” a lawyer said on Friday at NetDiligence’s Cyber Risk Summit in Toronto. Eric Dolden, a…
Ontario auto accident benefits priority dispute, involving driver convicted of having no insurance, could reach Supreme Court of Canada
August 22, 2017 by Canadian UnderwriterCan an Ontario auto insurer, in a priority dispute over which insurer should be responsible for paying a claimant accident benefits, be able to argue that a motorist convicted of driving without insurance was in fact insured by the insurer…
Need for building code upgrades ‘did not come about’ due to ice damage: Alberta court
August 14, 2017 by Canadian UnderwriterThe 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.…
Defamation award of aggravated and general damages against commentator upheld
June 13, 2017 by Canadian UnderwriterThe Supreme Court of Canada announced Friday it will not hear an appeal from a political commentator and lawyer who was successfully sued for $80,000 for calling a person a liar in blog posts. In 2014, a judge with the…
Supreme Court of Canada will not hear appeal from insureds seeking replacement cost instead of actual cash value in fire claim
June 2, 2017 by Canadian UnderwriterA disputed property insurance claim arising from a fire in Ottawa, in which the claimants asked for replacement value but the insurer would only pay actual cash value, will not be heard by the Supreme Court of Canada, the court…
Supreme Court of Canada could hear appeal of lawsuit involving auditors’ duty of care to non-shareholder lenders
May 29, 2017 by Canadian UnderwriterCanada’s highest court will decide June 1 whether it will hear an appeal from a major auditing and accounting firm that could face a trial this fall in a class action lawsuit filed by several banks over the bankruptcy in…
Justices turn away GM appeal over ignition switches
April 24, 2017 The Associated PressWASHINGTON – The Supreme Court on Monday turned away an appeal from General Motors Co. seeking to block dozens of lawsuits over faulty ignition switches that could expose the company to billions of dollars in additional claims. The justices without…
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…