Canadian Underwriter

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Mexican resort can be sued in Alberta by tourist alleged to have accidentally ingested cleaning fluid in hotel room

Findings by a lower court led “to the conclusion that Club Resorts was carrying on business in Ontario,” Mr. Justice Louis Lebel of the Supreme...

Exclusion clause for 'conversion' in comprehensive auto policy 'does not come close' to being easily intelligible: Court

An exclusion in an auto insurance policy for loss or damage caused by “conversion,” by someone in lawful possession of a vehicle does not apply...

Supreme Court of Canada bars lawsuits against hospital, police by auto accident victims compensated by SAAQ

... appeal court but restored by the Supreme Court of Canada. “At a minimum, an accident arising out of the use of a vehicle as...

Quebec farm income stabilization program not a contract of insurance: Supreme Court of Canada

Concurring with the majority were Chief Justice Beverley McLachlin, Madam Justice Rosalie Silberman Abella, Mr. Justice Thomas Cromwell and Madam Justice Andromache Karakatsanis. The majority...

Common-law right to dismiss federally-regulated employees without cause 'completely replaced' by Canada Labour ...

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...

Finding that breast cancer is an occupational disease for hospital lab workers upheld by Supreme Court of Canada

The Supreme Court of Canada recently upheld a ruling from the British Columbia Workers' Compensation Appeal Tribunal that breast cancer among hospital lab workers was...

Restriction on solicitor-client privilege in Income Tax Act ruled unconstitutional by Canada's highest court

The five other Supreme Court of Canada judges hearing the appeal – Chief Justice Beverly McLachlin, Madam Justice Rosalie Abella, Mr. Justice Thomas Cromwell, Madam...

Tired of Losses

But all seven Supreme Court of Canada judges who heard the case disagreed. “No doubt the ARP scheme has incidental impacts on criminal law,” Justice...

Court rules against ICBC in disability benefits dispute

The province's appeal court upheld a ruling released in 2014 by the Supreme Court of B.C. against ICBC, the crown corporation from whom all B.C.

Nova Scotia court ruling reducing punitive damage award by 88% for insurer's breach of good faith against insurer stands

For the second time in three weeks, the Supreme Court of Canada announced it is not hearing an appeal – from a plaintiff suing an...

Admissibility of breathalyzer evidence in some impaired driving cases to be considered by Supreme Court of Canada

But a fail result on a breathalyzer does not necessarily provide reasonable and probable grounds, suggested Mr. Justice John Sopinka in the ruling he wrote...

Insurer seeks leave to appeal $8.5-million award in disputed construction claim over defects exclusion clause

Canada's highest court saw "no impediment" to ruling that defective workmanship could be an accident "unless of course it is not supported by the specific...

Supreme Court of Canada shortens driving prohibition for motorist convicted of ...

When a judge makes a discretionary order of prohibition on a person convicted of impaired driving, the driving prohibition is supposed to commence "at the...

Nova Scotia law 'intended as alternative' to civil defamation suit ruled ...

10, Mr. Justice Glen G. McDougall of the Supreme Court of Nova Scotia ruled that the Cyber-safety Act infringes section 2 (b) of the Canadian...

Supreme Court CIBC ruling 'generally a good development' for D&O insurers: IBC

A recent Supreme Court of Canada decision, on the interpretation of Ontario's Securities Act, is "generally a good development" for directors' and officers' liability insurers,...

Three-year limitation period suspended in shareholders' misrepresentation ...

The other Supreme Court of Canada judges who heard the appeal Feb. 9, 2015 - Chief Justice Beverley McLachlin, Madam Justice Suzanne Côté and Mr.

New trial for B.C. motorist after dangerous driving causing death acquittal ...

She "went through a red light at Harris Road from a right turn only lane and then swerved to avoid the concrete pedestrian island located...

Federal bankruptcy law trumps Alberta law allowing suspension of uninsured ...

... Rosalie Silberman Abella, Mr. Justice Thomas Cromwell, Mr. Justice Michael Moldaver, Madam Justice Andromache Karakatsanis, Mr. Justice Richard Wagner and Mr. Justice Marshall Rothstein...

Supreme Court of Canada upholds B.C. roadside suspension for motorist blowing ...

The other appeal was from Richard James Goodwin and three other motorists, who had either failed breathalyzer tests or failed to provide suitable breath samples,...

Lien bonds, building contractors' trust funds are two separate remedies in ...

"A lien bond involves only an assurance that the surety will pay the amount of any lien judgment should the lien defendant fail to do...

Intact must defend construction company over lawsuit arising from fire: Court

"I see no limitation to third-party property in the definition of 'property damage,'" wrote Mr. Justice Marshall Rothstein, of the Supreme Court of Canada, in...

Ontario not violating elderly drivers' Charter rights if requiring testing ...

The Supreme Court of Canada announced Thursday it has denied an 86-year-old Ontario man's leave to appeal a finding that the province is not violating...

Apparent bias of plaintiff's expert witness not grounds for excluding evidence ...

"The concept of apparent bias is not relevant to the question of whether or not an expert witness will be unable or unwilling to fulfill...