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Supreme Court of Canada


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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,

News ConstructionInsuranceLegal

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

News InsuranceLegal

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

News InsuranceLegal

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

News ConstructionInsuranceMarkets / Coverages

Supreme Court of Canada hears surety bond dispute

November 8, 2017 by Canadian Underwriter

A construction subcontractor that was not fully paid and whose claim on a surety bond was denied had its case heard Tuesday before the Supreme Court of Canada. In 2009, Langford Electric Ltd. subcontracted directional drilling work to Valard Construction

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Supreme Court rules against Canadian banks in lawsuit arising from cheque fraud

October 30, 2017 by Canadian Underwriter

Despite a warning from lawyers that banks could be made “insurers against cheque fraud perpetrated by employees on their employers,” the Supreme Court of Canada announced Friday it has ruled against two banks that were sued by a company that

News InsuranceLegislation / RegulationMarkets / Coverages

Bodily injury lawsuit against City of Montreal not barred by six-month prescriptive period

October 13, 2017 by Canadian Underwriter

The family of a Montreal woman murdered in 2010 is not barred, by the six-month prescriptive period in Quebec’s Cities and Towns Act, from suing the city, the Supreme Court of Canada suggested in a ruling released Friday. In the

News InsuranceLegalLegislation / RegulationMarkets / CoveragesMergers and Aqcuisitions

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…

News InsuranceLegalMergers and Aqcuisitions

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

News InsuranceLegalLegislation / RegulationMarkets / Coverages

Supreme Court ruling against electronics firm director raises concern of increasing exposure of individuals to oppression remedy claims

August 17, 2017 by Canadian Underwriter

A ruling last month by the Supreme Court of Canada means it will be more difficult for corporate directors to have oppression remedy lawsuits against them summarily dismissed by courts, a lawyer suggested Wednesday in a blog post. The decision

News ConstructionInsuranceLegal

Need for building code upgrades ‘did not come about’ due to ice damage: Alberta court

August 14, 2017 by Canadian Underwriter

The Supreme Court of Canada will not be hearing an appeal from an Edmonton shopping mall owner, whose award – of more than $500,000 against insurers, arising from a disputed claim involving building code upgrades – was reversed on appeal.