Canadian Underwriter

Keyword
Supreme Court of Canada


News InsuranceLegal

Supreme Court of Canada will not hear appeal from accident victim who tried to sue municipality

March 2, 2017 by Canadian Underwriter

A pedestrian who was hit by a car is not able to sue the City of Kitchener and the Regional Municipality of Waterloo, Ontario because the Ontario Limitations Act bars the plaintiff from adding the municipalities as defendants to an

News InsuranceLegal

Supreme Court rules on admissibility of police drug recognition experts in criminal impaired driving trials

February 23, 2017 by Canadian Underwriter

An Ontario motorist charged with impaired driving is facing a third trial now that the Supreme Court of Canada has ruled that a judge did not have to hold a voir dire before admitting opinion evidence from a police drug

News InsuranceLegalLegislation / Regulation

Supreme Court of Canada will not hear appeal from municipality ruled negligent after cyclist breaks neck

February 16, 2017 by Canadian Underwriter

Canada’s highest court announced Thursday it will not hear an appeal from a municipality that was sued, under Ontario’s Occupiers Liability Act, by a cyclist who broke his neck after attempting to ride over an obstacle at an adventure park.

News InsuranceLegal

Supreme Court of Canada hears appeal from auditing firm over $118-million judgement arising from Livent fraud

February 15, 2017 by Canadian Underwriter

If the Supreme Court of Canada upholds a Court of Appeal for Ontario ruling against Deloitte & Touche, corporate auditors “will be encouraged to resign an audit before they feel they can responsibly do so in order to minimize the

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

Feature Claims CanadaInsurance

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,

News InsuranceMarkets / Coverages

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,

News InsuranceLegalLegislation / RegulationMarkets / Coverages

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

News InsuranceLegalLegislation / Regulation

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

News InsuranceLegalMergers and Aqcuisitions

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

News InsuranceLegalLegislation / RegulationMarkets / CoveragesMergers and Aqcuisitions

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