Keyword
Ontario Superior Court of Justice
Insurer can dispute conviction of driving without insurance in accident benefits priority dispute
August 24, 2017 by Canadian UnderwriterFederated 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…
Ontario courts will ‘provide some meaning’ to probationary terms in employment contracts but minimum notice standards still apply
July 6, 2017 by Canadian UnderwriterEmployers 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…
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…
Non-approved Ontario auto forms do not always render insurance contracts void: Court of Appeal
May 10, 2017 by Canadian UnderwriterIf 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…
City loses argument that nine-year-old contributorily negligent after being hit by car
May 9, 2017 by Canadian UnderwriterThe 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…
Case law allows for ‘duty of care’ from homeowners hosting bring your own booze party where ‘foreseeability of harm is present,’ lawyers warn
March 15, 2017 by Canadian UnderwriterA recent court decision “highlights the amount of work required,” for a defendant being sued after hosting a party where people were consuming alcohol, to get a summary motion dismissing the case, two lawyers argued in a blog post this…
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…
Court appoints committees to represent Economical mutual and non-mutual policyholders
February 24, 2017 by Canadian UnderwriterAn Ontario court has appointed two committees to negotiate the allocation of benefits from a demutualization of Economical Insurance, the Waterloo, Ont.-based insurance carrier announced Friday. No federally regulated P&C insurers have demutualized yet. Canada did not have regulations allowing…
Supreme Court of Canada hears appeal from auditing firm over $118-million judgement arising from Livent fraud
February 15, 2017 by Canadian UnderwriterIf the Supreme Court of Canada upholds a Court of Appeal for Ontario ruling against Deloitte & Touche, corporate auditors “will be encouraged to resign an audit before they feel they can responsibly do so in order to minimize the…
Intact, Allstate disagree on whether accident victims “principally dependent” on policyholder
February 13, 2017 by Canadian UnderwriterThe Supreme Court of Canada will not hear an appeal over an arbitration ruling in an auto accident benefits priority dispute, where insurers disagreed on whether a claimant was “principally dependent” on the owner of a vehicle. Court records indicate…
Ottawa city bus driver had ‘elevated standard of care’ in fatal collision: Court
December 22, 2016 by Jason ContantThe City of Ottawa and an OC Transpo bus driver have lost their appeal of a ruling that the bus driver was 20% liable, for a fatal collision, with a vehicle driven by an alcohol-impaired driver who ran a red…
Mandatory breach notification in Canada has ‘potential to effectively cause’ class-action lawsuits: PCUC speaker
November 25, 2016 Greg Meckbach, Associate EditorImpending changes to Canada’s Personal Information Protection and Electronic Documents (PIPEDA) could “effectively cause more class-action” lawsuits down the road because companies will be required to report information security breaches that pose “a real risk of significant harm,” a lawyer…