Canadian Underwriter

Keyword
Supreme Court of Canada

News AdjustersClaimsClaims CanadaCommercial LinesLegalRisk

Six-figure pain and suffering judgement against Wal-Mart Canada attracts appeal court scrutiny

May 29, 2020 by Greg Meckbach

A $225,000 award in a lawsuit against Wal-Mart Canada, arising from the accidental spraying of a fire extinguisher by a worker, could be headed to the Supreme Court of Canada. The victim of the accidental spraying, Kim Manos, initially won

News Claims CanadaInsuranceLegal

Why it might get easier for plaintiffs to fund their lawsuits

May 21, 2020 by Greg Meckbach

With a recent Supreme Court of Canada decision involving third-party litigation funding coming on top of the economic disruption caused by the COVID-19 pandemic, Canadian courts are likely to see a spike some types of lawsuits, suggests the head of

News ClaimsClaims CanadaLegalRisk

Supreme Court Orphan Well ruling: the impact on brokers one year later

March 4, 2020 by Greg Meckbach

If you place pollution liability coverage, you could be hearing from banks and lenders concerned about oil and gas producers potentially going bankrupt. Inquiries about environment impairment liability are on the rise for at least one major Canadian brokerage following

News Legal

Supreme Court rules on 1985 pollution liability indemnification

December 6, 2019 Jim Bronskill - THE CANADIAN PRESS

OTTAWA – Two forest-product companies are on the hook for looking after a mercury-contaminated site near Ontario’s Grassy Narrows First Nation, the Supreme Court of Canada has ruled. The 4-3 decision Friday brought some clarity to a long-running dispute over

News Legal

Why Supreme Court of Canada is looking at risk-based underwriting

October 21, 2019 by Greg Meckbach

Does the federal government have the power to prohibit insurers from asking consumers questions that carriers say are material to their risk? This question was recently put to the Supreme Court of Canada in a life insurance context. “Risk-based underwriting

News ClaimsLegal

This vehicle accident ‘speaks for itself’

September 22, 2018 by Greg Meckbach

The Supreme Court of Canada will not hear an appeal from a motorist found to be liable for a single-vehicle collision. Brad Gaebel was a passenger in a vehicle driven by Gordon Lipka, who lost control after moving to the

News ClaimsLegal

Judges disagree on whether this collision was a ‘true accident’

September 11, 2018 by Greg Meckbach

A motorist who is being sued by his passenger after a single-vehicle accident wants his case heard by the Supreme Court of Canada. The issue at hand is whether the single-vehicle crash was a “true accident,” in which nobody can

News ClaimsLegal

Auto injury lawsuit involving restaurant tip income could reach Canada’s highest court

June 21, 2018 by Greg Meckbach

A Victoria, B.C. auto accident victim who was awarded about a quarter of what she asked for in a lawsuit is hoping to appeal to the Supreme Court of Canada. A central issue in the case is the verification of

News ClaimsLegal

Oil sands firm could get green light for random drug and alcohol testing

June 19, 2018 by Greg Meckbach

A recent Supreme Court of Canada ruling opens the door to random drug and alcohol testing of Alberta oil sands workers operating heavy equipment. The outcome will no doubt affect some risk managers because employers can be held responsible for

News InsuranceLegal

Directors and officers fail to get shareholders class-action tossed out of Ontario court

June 3, 2018 by Greg Meckbach

Five former directors and officers of a Vancouver-based mining firm can be sued personally in Ontario by shareholders alleging the firm misrepresented financial statements. The Supreme Court of Canada announced Thursday it will not hear an appeal, from SouthGobi Resources

News InsuranceLegal

Supreme Court says garage not liable for teen crash in stolen car

May 11, 2018 The Canadian Press

OTTAWA – A garage owner should not be held responsible for the terrible injuries a teen suffered when he and a friend stole a car from his lot and crashed it in a “tragic set of events,” the Supreme Court

News InsuranceLegal

Judges at odds on liability of directors and officers in shareholders’ lawsuit

May 7, 2018 by Greg Meckbach

A class-action lawsuit by shareholders against five directors and officers of a Vancouver-based coal mining firm may reach the Supreme Court of Canada. Directors and officers are at risk of being sued by shareholders if the company’s share price drops;