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Supreme Court of Canada


News InsuranceLegalLegislation / RegulationMergers and Aqcuisitions

Intact, Allstate disagree on whether accident victims “principally dependent” on policyholder

February 13, 2017 by Canadian Underwriter

The Supreme Court of Canada will not hear an appeal over an arbitration ruling in an auto accident benefits priority dispute, where insurers disagreed on whether a claimant was “principally dependent” on the owner of a vehicle. Court records indicate

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Dirty Windows Help to Clarify Appellate Review of Standard Form Contracts

February 10, 2017 Michael S. Teitelbaum, partner; and Tara Chown, student-at-law, Hughes Amys LLP

The Supreme Court of Canada decision in Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co. has created an exception to the principle outlined in Sattva Capital Corp. v. Creston Moly Corp. and may lead to an increase in insurance litigation.

News InsuranceLegalLegislation / RegulationMergers and Aqcuisitions

Future CPP disability benefits not deductible from payments under Nova Scotia auto family protection endorsement: Supreme Court

January 27, 2017 by Canadian Underwriter

Future disability benefits under the Canada Pension Plan are not deductible from auto insurers’ payments under the Nova Scotia family protection endorsement, the Supreme Court of Canada found in a ruling released Friday. Canada’s highest court restored a 2013 ruling,

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Gasoline, alcohol sales, food preparation among special risks for supermarkets: Chubb

January 24, 2017 by Canadian Underwriter

Chubb Ltd. is advising supermarket operators in the United States who sell alcohol to consider limiting the amount of alcohol a customer can buy and to watch parking lots to ensure customers are not drinking. In a report released Monday,

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Damages claim against provincial energy board a ‘dramatic jurisprudential development:’ Judge

January 18, 2017 by Canadian Underwriter

A recent Supreme Court of Canada decision leaves “open the possibility that members of a quasi-judicial regulatory board could be sued for damages” by someone accusing that board of violating their constitutional rights, a constitutional law professor told Canadian Underwriter

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Alberta Energy Resources Conservation Board immune from $50,000 lawsuit alleging Charter rights violations: Supreme Court

January 16, 2017 by Canadian Underwriter

Laws that shield quasi-judicial decision makers and public inquiry officials from personal damages claims are meant to protect their impartiality, a Supreme Court of Canada judge suggested in a ruling released Friday. Jessica Ernst sought a remedy of $50,000 from

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Injured federal worker’s lawsuit against employers can proceed

January 13, 2017 by Canadian Underwriter

The Supreme Court of Canada announced Thursday it will not hear an appeal from a construction worker who was named in a statement of claim by a federal employee in Whitehorse, paving the way for an injured worker to sue

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Lawsuit against employers by federal worker, arising from head injury, may reach Supreme Court of Canada

January 9, 2017 by Canadian Underwriter

The Supreme Court of Canada is scheduled to announce Thursday whether it will hear an appeal over the question of whether the restriction, in a provincial workers’ compensation plan against suing employers, also applies to federal workers subject to the

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Courts should not use ‘second-hand lay evidence’ to support damage awards for psychological harm: IBC

January 4, 2017 by Canadian Underwriter

The question of whether a court can award compensation for psychological injuries in the absence of a medical diagnosis will be considered this month when the Supreme Court of Canada hears an appeal arising from an auto collision near Vancouver.

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Broken Vessels

January 1, 2017 Greg Meckbach, Associate Editor

The explosion that destroyed the AMOS-6 satellite will “heavily hit the London market,” a reinsurance executive predicts, while a marine underwriting official reports about a third of Canada’s $321-million marine insurance market, in 2015, was from yacht and $55 million was from hull.

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Motorists’ oral drug testing trial to ‘help establish possible future operating procedures:’ Public Safety Canada

December 16, 2016 by Canadian Underwriter

In a pilot project involving anonymous volunteers, several police departments across Canada will start using oral fluid screening devices to test drivers for drugs such as marijuana and cocaine, the federal government announced Wednesday. “None of the results from the

News InsuranceLegalLegislation / RegulationMergers and Aqcuisitions

Ontario court upholds 20-year driving ban for repeat impaired driver

December 6, 2016 by Canadian Underwriter

A 20-year driving ban, on an Ontario man with more than 10 drunk driving convictions, was recently upheld by the province’s Summary Conviction Appeal Court. In February, 2009, Victor Freeborn-Mejia was sentenced to six months in jail plus a 20-year