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Courts can award damages for mental injury without psychiatric diagnosis: Supreme Court of Canada

June 14, 2017 by Canadian Underwriter

The Supreme Court of Canada has rejected an argument by Insurance Bureau of Canada that a court should not award damages for psychological or emotional damage unless the plaintiff demonstrates the tort caused a “recognizable psychiatric illness.” In a recent

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Defamation award of aggravated and general damages against commentator upheld

June 13, 2017 by Canadian Underwriter

The 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

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Supreme Court of Canada will not hear appeal from insureds seeking replacement cost instead of actual cash value in fire claim

June 2, 2017 by Canadian Underwriter

A disputed property insurance claim arising from a fire in Ottawa, in which the claimants asked for replacement value but the insurer would only pay actual cash value, will not be heard by the Supreme Court of Canada, the court

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Supreme Court of Canada could hear appeal of lawsuit involving auditors’ duty of care to non-shareholder lenders

May 29, 2017 by Canadian Underwriter

Canada’s highest court will decide June 1 whether it will hear an appeal from a major auditing and accounting firm that could face a trial this fall in a class action lawsuit filed by several banks over the bankruptcy in

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Criminal Code changes proposing mandatory alcohol screening of drivers tabled for second reading

May 24, 2017 by Canadian Underwriter

The federal government is aiming to remove the “bolus drinking” loophole with amendments to the Criminal Code provisions on impaired driving, Attorney General of Canada Jody Wilson-Raybould suggested Friday on Parliament Hill. If Bill C-46 is passed into law, Canadian

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Mexican resort can be sued in Alberta by tourist alleged to have accidentally ingested cleaning fluid in hotel room

May 18, 2017 by Canadian Underwriter

A lawsuit against a Mexican vacation resort – arising from a tourist alleged to have accidentally ingested cleaning product stored in a water bottle in a mini bar fridge – can proceed in Alberta, as a result of a ruling

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Lawyer defending accused impaired drivers sought ‘extraordinary remedies’ in alleging bias against two judges in a row: Supreme Court

May 14, 2017 by Canadian Underwriter

A lawyer representing 10 motorists charged with drinking and driving-related criminal offences in Quebec has to pay $3,000 personally in costs after motions for writs of prohibition against judges were dismissed. In a decision released Friday, the Supreme Court of

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Cyber security a ‘key aspect’ of risk management for medical professional liability insurers: A.M. Best

May 11, 2017 by Canadian Underwriter

Medical professional liability insurers who retain cyber risk need to limit their exposure “through strong policy language,” A.M. Best Company Inc. warned in a report released Wednesday. The ability to “identify emerging risks in areas such as cyber security,” is,

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City loses argument that nine-year-old contributorily negligent after being hit by car

May 9, 2017 by Canadian Underwriter

The 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

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Exclusion clause for ‘conversion’ in comprehensive auto policy ‘does not come close’ to being easily intelligible: Court

April 24, 2017 by Canadian Underwriter

An exclusion in an auto insurance policy for loss or damage caused by “conversion,” by someone in lawful possession of a vehicle does not apply to a truck tractor badly damaged by fire, a Supreme Court of British Columbia judge

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Legislation allowing alcohol testing of drivers without prior suspicion tabled on Parliament Hill

April 21, 2017 by Canadian Underwriter

If legislation tabled last week is passed into law, Canadian police officers would be able to test any legally-stopped driver for alcohol impairment and the Criminal Code of Canada would be amended to clarify that police drug recognition experts could

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Police are conducting ‘search’ when knocking on door to investigate allegations of drinking and driving: Court

April 20, 2017 by Canadian Underwriter

Canada’s highest court announced Thursday it will not hear a crown appeal of an impaired driving acquittal, in which a Saskatchewan Provincial Court judge ruled that a police officer knocking on the apartment door of a registered vehicle owner constituted