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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

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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