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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

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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,

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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

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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

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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

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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

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Builder’s risk policy must cover windows damaged by cleaning on building under construction: Supreme Court of Canada

September 16, 2016 by Canadian Underwriter

Insurance firms writing an all risks policy for an office building under construction in Edmonton must cover the multi-million dollar cost of replacing windows damaged by cleaning, despite an exclusion for “the cost of making good faulty workmanship,” the Supreme

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Supreme Court of Canada to hear $5.4-million conversion lawsuit against banks arising from plaintiff’s employee’s cheque fraud

August 19, 2016 by Canadian Underwriter

A $5.4-million lawsuit – initially filed against four Canadian banks – arising from fraudulent cheques requisitioned by the plaintiff’s employee, will be heard by the Supreme Court of Canada. Canada’s highest court announced Thursday it granted leave to appeal to

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Canada’s police chiefs want new law that would compel people to reveal passwords

August 16, 2016 Jim Bronskill - THE CANADIAN PRESS

OTTAWA – Canada’s police chiefs want a new law that would force people to hand over their electronic passwords with a judge’s consent. The Canadian Association of Chiefs of Police has passed a resolution calling for the legal measure to

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Employee dismissed after 13 months on job appeals ruling granting her damages equivalent to four months’ notice

July 25, 2016 by Canadian Underwriter

A lawsuit filed by an employee terminated without cause and given two weeks’ termination pay plus 12 weeks’ salary in lieu of notice could reach the Supreme Court of Canada. Court records indicate that Lesley Cabott started working, as a

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Common-law right to dismiss federally-regulated employees without cause ‘completely replaced’ by Canada Labour Code: Supreme Court

July 16, 2016 by Canadian Underwriter

Canadian employers regulated by the federal government do not have a common-law right to dismiss non-unionized workers without cause, even if they give those employees notice and/or severance pay, the Supreme Court of Canada suggested in a ruling released Thursday.