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Supreme Court of Canada

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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

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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

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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

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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

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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

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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

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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;

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Hot coffee scalds your client in a drive-through. Is that an auto “accident”?

February 23, 2018 by Greg Meckbach

Ontario auto insurance policies will have to cover a much wider scope of risk if the Supreme Court of Canada does not overturn a recent court ruling against Aviva Canada, Aviva’s lawyer argues. In Dittmann v. Aviva Insurance Company of Canada,

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Surety providers’ argument rejected by Supreme Court of Canada

February 19, 2018 by Greg Meckbach

An argument from a group of insurers and brokers – that construction contractors should not have a duty to inform subcontractors of the existence of a surety bond – has been rejected by the Supreme Court of Canada. In Valard

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Can motorists raise doubts about accuracy of a breathalyzer test?

January 31, 2018 by Greg Meckbach

When a motorist is charged with impaired driving, the Crown attorney should not automatically have to gather and turn over to the defendant all maintenance records on the breathalyzer that was used in the case, the Ontario government suggests. The

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Rules for appealing contract disputes continue to dog courts

January 7, 2018 by Greg Meckbach

A recent Alberta court decision arising from a fatal vehicle accident shows disagreement among legal experts over how to apply the Supreme Court of Canada’s 2016 Ledcor ruling. A divided Alberta Court of Appeal ruling in EnCana Oil & Gas

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Top court finds auditor liable for failing to detect white-collar crime

December 20, 2017 by Canadian Underwriter

Auditing firm Deloitte must pay $40 million in damages to a Canadian broadway musical company whose founders perpetrated a fraud that the auditor failed to detect, the Supreme Court of Canada ruled in a divided decision released Wednesday. Canada’s highest