Canadian Underwriter

Keyword
Supreme Court of Canada


News InsuranceLegalMarkets / CoveragesMergers and AqcuisitionsProfessional Development

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

News InsuranceLegalLegislation / RegulationMergers and Aqcuisitions

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

News InsuranceLegalLegislation / RegulationMergers and Aqcuisitions

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.

News InsuranceLegalLegislation / Regulation

‘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

News InsuranceLegislation / Regulation

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

News ConstructionInsuranceLegislation / RegulationMarkets / Coverages

‘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

News ConstructionInsuranceMergers and Aqcuisitions

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

News InsuranceLegalLegislation / Regulation

Alberta Traffic Safety Act imposes ‘statutory duty’ on motorists to remain at scene, co-operate with police: Court

October 17, 2016 by Canadian Underwriter

An Alberta motorist who argued that breath samples ought to have been excluded as court evidence was unsuccessful in appealing convictions of impaired driving and dangerous driving, the Supreme Court of Canada announced Friday. In a ruling released Nov. 20,

News InsuranceLegalLegislation / Regulation

Class-action lawsuit over franchisor’s duty of fair dealing resolved in favour of defendant

October 14, 2016 by Canadian Underwriter

A class-action lawsuit in Ontario, alleging a franchisor breached its duty of fair dealing under the Arthur Wishart Act, will not be heard by the Supreme Court of Canada. In 1250264 Ontario v. Pet Valu, a court cited an earlier

News InsuranceLegal

Driving while drug-impaired case reaches Supreme Court of Canada over admissibility of police opinion evidence

October 13, 2016 by Canadian Underwriter

The Supreme Court of Canada heard Thursday an appeal over the admissibility of opinion evidence, in an impaired driving trial, from a police drug recognition expert, as to whether a defendant’s ability to operate a motor vehicle was impaired by

News InsuranceMergers and Aqcuisitions

Supreme Court of Canada hears appeal over Nova Scotia auto family protection endorsement

October 7, 2016 by Canadian Underwriter

The Supreme Court of Canada heard Wednesday an appeal from a Nova Scotia auto accident victim whose future Canada Pension Plan disability payments were ordered deducted from the amount payable under his family protection endorsement. Andrew Sebean suffered injuries to

News InsuranceLegalMergers and Aqcuisitions

Supreme Court could decide whether denial of catastrophic impairment status triggers two-year limitation period in Ontario auto dispute system

September 20, 2016 by Canadian Underwriter

A disputed Ontario auto insurance claim, in which the carrier denied a claimant’s request for catastrophic impairment status, could reach the Supreme Court of Canada. Court records indicate that RBC General Insurance Company sent correspondence to Zofia Machaj denying her