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Supreme Court of Canada


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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

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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

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Alberta privacy commissioner cannot compel production of records subject to solicitor-client privilege: Supreme Court

December 5, 2016 by Canadian Underwriter

A constructive dismissal lawsuit, against the University of Calgary, has led to a ruling from the Supreme Court of Canada that Alberta’s Freedom of Information and Protection of Privacy Act does not require a public body turn over records –

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Lawyer explains why some federally-regulated employees cannot be dismissed without cause

November 30, 2016 by Canadian Underwriter

A Supreme Court of Canada ruling released in July has “huge ramifications” for employers in the trucking industry, while a more recent decision provides guidance on interpreting standard-form contracts, a lawyer suggested Tuesday to insurance professional in Toronto. In its

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Litigation privilege ‘can be asserted’ against administrative investigators, Supreme Court of Canada finds in ruling in favour of Aviva

November 28, 2016 by Canadian Underwriter

An insurer in Quebec can assert litigation privilege when the province’s self-regulating body for agents, brokers and claims adjusters demands a copy of an entire file on a claim, the Supreme Court of Canada suggested in a ruling released this

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Supreme Court of Canada to consider scope of corporate directors’ personal liability under oppression remedy claims

November 22, 2016 by Canadian Underwriter

Canada’s highest court will hear Tuesday arguments in favour of and against a two-part test – for imposing personal liability on a corporate director for “oppressive” corporate conduct – proposed by a director who was sued for nearly $4.7 million.

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‘Sloppy paperwork’ alone does not trigger oppression remedy: Supreme Court of Canada

November 21, 2016 by Canadian Underwriter

The failure of a company to follow the Canada Business Corporations Act does not necessarily trigger an oppression remedy, the Supreme Court of Canada ruled in a divided decision released Friday. Section 241 of the Canada Business Corporations Act essentially

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Supreme Court of Canada rules banks not prohibited by PIPEDA from disclosing mortgage statements to creditors trying to seize property

November 17, 2016 by Canadian Underwriter

A bank holding a mortgage on property that a creditor is attempting to seize from the property owner is not precluded, by the Personal Information Protection and Electronic Documents Act, from disclosing the mortgage discharge statement to the creditor, the

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‘Work performed’ exclusion in builder’s liability policy does not apply in allegations of consequential damage: Court of Appeal for Ontario

November 9, 2016 by Canadian Underwriter

A “work performed” exclusion in a commercial general liability policy for a building contractor does not apply if a lawsuit against a contractor alleges consequential damage, the Court of Appeal for Ontario suggested in a ruling released Tuesday. Parkhill Excavating

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Disputed course of construction claim involving LEG exclusion remanded back to B.C. appeal court

October 25, 2016 by Canadian Underwriter

A disputed $14.5-million claim on a course of construction policy, arising from an incident when concrete slabs over-deflected during the building of a hospital addition, was recently remanded by the Supreme Court of Canada to the British Columbia Court of