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Court of Appeal for Ontario

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Insurer can dispute conviction of driving without insurance in accident benefits priority dispute

August 24, 2017 by Canadian Underwriter

Federated Insurance Company of Canada is allowed to bring forth arguments – in an Ontario auto accident benefits priority dispute with Intact Insurance Company – that a motorist convicted of driving without insurance was nevertheless insured by Intact, now that the Supreme Court of Canada has denied Intact leave to appeal.
Court records indicate that in early 2010, Patrick Cadieux had his vehicle insured by Intact. But his premium payment for February, 2010 was returned due to non-sufficient funds, Justice James Diamond of the Ontario Superior Court of Justice noted…

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Ontario auto accident benefits priority dispute, involving driver convicted of having no insurance, could reach Supreme Court of Canada

August 22, 2017 by Canadian Underwriter

Can 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

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Commercial lease did not ‘expressly preserve’ right of landlord to pursue subrogated fire claim against tenant: Court

July 7, 2017 by Canadian Underwriter

The owner of a commercial building damaged by fire that started in a restaurant kitchen is precluded from pursuing a subrogated claim against the restaurant operator due to a clause in the lease requiring the landlord to buy fire insurance,

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Ontario courts will ‘provide some meaning’ to probationary terms in employment contracts but minimum notice standards still apply

July 6, 2017 by Canadian Underwriter

Employers should “reconsider” starting workers on probation if those probationary periods are being used “legal risk mitigation” strategies, a Toronto lawyer suggested Tuesday in a blog post. In Ontario, when a probationary period is for longer than three months, employer

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Negligence finding against brokerage arising from denied commercial fire claim overturned

June 20, 2017 by Canadian Underwriter

Marsh Canada Ltd. was not contributorily negligent after a fire claim filed by a Halifax pub owner was denied by its Lloyd’s insurers because the property was neither sprinklered nor made of masonry, contrary to a statement on the insured’s

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Defamation award of aggravated and general damages against commentator upheld

June 13, 2017 by Canadian Underwriter

The 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

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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 Underwriter

A 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

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Supreme Court of Canada could hear appeal of lawsuit involving auditors’ duty of care to non-shareholder lenders

May 29, 2017 by Canadian Underwriter

Canada’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

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Non-approved Ontario auto forms do not always render insurance contracts void: Court of Appeal

May 10, 2017 by Canadian Underwriter

If an Ontario auto insurer uses a form that is not approved by the province’s Superintendent of Financial Services, this does not necessarily render the contract of insurance void, the province’s appeal court suggested in a ruling released Wednesday. On

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City loses argument that nine-year-old contributorily negligent after being hit by car

May 9, 2017 by Canadian Underwriter

The Supreme Court of Canada has dismissed an application from the City of Hamilton for leave to appeal a finding that a nine-year-old boy was not contributorily negligent after he was hit by a car at a location where a

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Supreme Court of Canada could consider whether alcohol consumption is relevant in dangerous driving trials

March 21, 2017 by Canadian Underwriter

Canada’s highest court may consider whether a jury, in deciding whether a person is guilty of the criminal offence of dangerous driving causing death, should consider whether the accused had been drinking alcohol, if the accused was not convicted of

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Do repair centres owe a duty of care to car thieves?

March 10, 2017 by Canadian Underwriter

The 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