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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

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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

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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…

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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

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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

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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.

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Directors can be sued under oppression remedy even when they did not personally benefit from conduct: Supreme Court

July 18, 2017 by Canadian Underwriter

A recent Supreme Court of Canada ruling, upholding an oppression remedy award of more than $600,000 against corporate directors, provides “better-defined boundaries for personal liability of directors,” a litigation lawyer wrote Monday. In a ruling released July 13, Canada’s highest

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Commercial lease did not ‘expressly preserve’ right of landlord to pursue subrogated fire claim against tenant: Court

July 7, 2017 by Canadian Underwriter

The owner of a commercial building damaged by fire that started in a restaurant kitchen is precluded from pursuing a subrogated claim against the restaurant operator due to a clause in the lease requiring the landlord to buy fire insurance,

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Ontario courts will ‘provide some meaning’ to probationary terms in employment contracts but minimum notice standards still apply

July 6, 2017 by Canadian Underwriter

Employers 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

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Bill eliminating federal tax exemption for farming and fishing insurers passed into law

June 23, 2017 by Canadian Underwriter

The federal government passed Thursday a law eliminating the tax exemption for insurers covering farming and fishing properties. Bill C-44 is omnibus legislation that implements, among other things, some provisions of the federal budget 2017-18, tabled March 22. In addition

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Loader truck operator who tested positive for cocaine not fired due to addiction: Supreme Court of Canada

June 16, 2017 by Canadian Underwriter

A coal mining company that fired an employee who tested positive for cocaine after an accident did not violate the Alberta Human Rights Act, the Supreme Court of Canada ruled in a divided decision released Thursday. Court records indicate that