Keyword
Supreme Court of Canada
Common-law right to dismiss federally-regulated employees without cause ‘completely replaced’ by Canada Labour Code: Supreme Court
July 16, 2016 by Canadian UnderwriterCanadian 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.…
Dispute over $25-million reinsurance claim, arising from defective product lawsuit, could reach Supreme Court of Canada
July 12, 2016 by Canadian UnderwriterA dispute between a forest product firm’s captive reinsurer and Swiss Reinsurance Company, arising from a US$70-million settlement, could reach the Supreme Court of Canada. Vancouver-based MacMillan Bloedel Ltd. purchased commercial general liability policies from American International Group Inc. during…
Finding that breast cancer is an occupational disease for hospital lab workers upheld by Supreme Court of Canada
July 1, 2016 by Canadian UnderwriterThe Supreme Court of Canada recently upheld a ruling from the British Columbia Workers’ Compensation Appeal Tribunal that breast cancer among hospital lab workers was an “occupational disease,” despite an expert report that did not find “any scientific evidence for…
Employer appealing wrongful dismissal lawsuit by fixed-term employee
June 29, 2016 by Canadian UnderwriterA wrongful dismissal lawsuit – launched by an auto sales manager who was dismissed 23 months into a five-year term – could reach the Supreme Court of Canada. Court records indicate that John Howard was hired in 2012 as truck…
Supreme Court of Canada to hear appeal from Deloitte over $118-million judgment arising from Livent fraud
June 9, 2016 by Canadian UnderwriterThe Supreme Court of Canada announced Thursday it will hear an appeal from Deloitte & Touche, which was sued for $84 million in Ontario by the special receiver for Live Entertainment Corporation of Canada Inc., essentially for failing to detect…
Appeal continues in $84-million negligence lawsuit against corporate auditors
June 6, 2016 by Canadian UnderwriterA negligence lawsuit against the company that audited the financial statements of the entertainment firm formed in 1989 by Garth Drabinsky and Myron Gottlieb could reach the Supreme Court of Canada. In a decision released in 2014, the Ontario Superior…
Supreme Court will not hear appeal of $1.4 million pollution lawsuit
May 26, 2016 by Canadian UnderwriterCanada’s highest court announced Thursday it will not hear an appeal from a Scarborough, Ont. industrial property owner who lost a lawsuit from a neighbouring property owner arising from environmental contamination. In a ruling released Nov. 27, 2015, the Court…
Nova Scotia court ruling reducing punitive damage award by 88% for insurer’s breach of good faith against insurer stands
May 12, 2016 by Canadian UnderwriterFor the second time in three weeks, the Supreme Court of Canada announced it is not hearing an appeal – from a plaintiff suing an insurer for breach of contract – of a ruling significantly reducing punitive damages against a…
Bates Revisited
May 1, 2016 Daniel Strigberger, Partner; and Jenna Meth, Lawyer, Samis + CompanyIn the early 1990s, the Supreme Court of Canada found there were no practical alternatives – as of 1983 – to rating auto policyholders on the grounds of age, sex and marital status. But would today’s telematics products, which detect acceleration, braking, and cornering, help provide such alternatives?
Top court will not hear appeal of Sask. appeal court’s reduction of punitive damage against insurers found to have breached duty of good faith
April 25, 2016 by Canadian UnderwriterThe Supreme Court of Canada recently announced it will not hear an appeal from a claimant over a decision, by the Saskatchewan Court of Appeal, which reduced $4.5 million in punitive damages against two insurance companies, in a lawsuit over…
Supreme Court of Canada will not hear appeal of disputed $15-million D&O liability claim from Onex
April 18, 2016 by Canadian UnderwriterFor the second time in 18 months, the Supreme Court of Canada has declined to hear an appeal of a verdict of an Ontario lawsuit arising from a disputed US$15-million directors’ and officers’ liability claim arising from an unjust enrichment…
Supreme Court of Canada will not hear ICBC appeal over $863K award arising from fatal collision
April 15, 2016 by Greg MeckbachCanada’s highest court will not hear an appeal from Insurance Corporation of British Columbia, which was ordered to indemnify the estate of a passenger who caused an accident by grabbing the steering wheel of a vehicle. The Supreme Court of…