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Invasion of privacy class-action against Equifax proceeds in Ontario

February 1, 2018 by Greg Meckbach

A class-action lawsuit arising from last year’s Equifax cyber breach is proceeding in Ontario on the basis of a new invasion-of-privacy tort that has caught the eye of Canada’s property and casualty insurers because it allows courts to award damages

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Judge denies separate housework award in auto injury lawsuit

November 15, 2017 by Canadian Underwriter

A claim for interference with homemaking capability “must be scrutinized carefully” in an auto personal injury lawsuit, a British Columbia judge suggested in a recent ruling that cites an earlier Court of Appeal for Ontario ruling. In a ruling released

News CatastrophesInsuranceLegalLegislation / RegulationMarkets / Coverages

Lawyer warns pollution lawsuits in Alberta can proceed ‘well past the ultimate limitation period’

April 10, 2017 by Canadian Underwriter

A plaintiff could file a pollution lawsuit in Alberta “well past” the end of the limitation period, even if a hazardous substance was released more than 50 years ago, a lawyer warned in a recent blog post. Alberta’s Environmental Protection

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Japanese court holds government, electrical utility liable for safety failures in 2011 tsunami

March 17, 2017 Mari Yamaguchi - THE ASSOCIATED PRESS

TOKYO – A court Friday held Japan’s government and a utility liable for neglecting tsunami safety measures at the Fukushima nuclear plant and ordered them to pay more money to dozens out of the thousands of people who fled radiation

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Quebec motorists apply for class action status in lawsuit against government arising from snow storm

March 17, 2017 THE CANADIAN PRESS

MONTREAL – Lawyers on behalf of motorists left stranded in their cars on a highway after Tuesday’s snowstorm applied on Thursday for a class action lawsuit against the Quebec government and City of Montreal. Plaintiffs are seeking $2,000 for each

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Supreme Court of Canada will not hear appeal from accident victim who tried to sue municipality

March 2, 2017 by Canadian Underwriter

A 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

News InsuranceLegalLegislation / RegulationMarkets / CoveragesMergers and Aqcuisitions

Lawsuit against employers by federal worker, arising from head injury, may reach Supreme Court of Canada

January 9, 2017 by Canadian Underwriter

The Supreme Court of Canada is scheduled to announce Thursday whether it will hear an appeal over the question of whether the restriction, in a provincial workers’ compensation plan against suing employers, also applies to federal workers subject to the

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Settlement arising from football players suffering brain injuries upheld by U.S. Supreme Court

December 12, 2016 THE ASSOCIATED PRESS

WASHINGTON – The United States Supreme Court on Monday rejected challenges to the estimated $1 billion plan by the NFL to settle thousands of concussion lawsuits filed by former players, clearing the way for payouts to begin to those who

Feature InsuranceLegalMergers and Aqcuisitions

Parents Know Best?

December 1, 2016 Peter Vlaar, Associate Lawyer; David Olevson, Associate Lawyer; and Sabrina Lucibello, Partner, McCague Borlack LLP

Canada has no authoritative legal decision on parental waivers, which has created uncertainty over whether or not a properly drafted and duly executed waiver will serve as a complete bar to a claim. A New Brunswick case offers alternatives that might be employed until that gap in the law is filled, but businesses and insurers alike must factor into their liability risk analysis that parental waivers are unlikely to be enforceable.

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Quebec says Canadian Pacific directly responsible for 2013 Lac-Mégantic damages

October 21, 2016 Giuseppe Valiante - THE CANADIAN PRESS

MONTREAL – Canadian Pacific Railway is directly responsible for damages caused when a runaway train carrying crude oil derailed in 2013 in Lac-Mégantic, according to new allegations recently filed in court by the Quebec government. The railroad was responsible for

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Court of Appeal for Ontario clears way for misrepresentation lawsuit against directors and officers arising from take-over bid circulars

August 23, 2016 by Canadian Underwriter

Shareholders alleging that an offeror made a misrepresentation in a take-over bid circular can – in Ontario – sue both the offeror and the offeror’s directors and signatories personally, rather than having to choose to sue one or the other,

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Employee dismissed after 13 months on job appeals ruling granting her damages equivalent to four months’ notice

July 25, 2016 by Canadian Underwriter

A lawsuit filed by an employee terminated without cause and given two weeks’ termination pay plus 12 weeks’ salary in lieu of notice could reach the Supreme Court of Canada. Court records indicate that Lesley Cabott started working, as a