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The Supreme Court of Canada clarified on Friday the scope of judicial review for tribunal decisions, holding that judicial review is available even when a statutory right to appeal from tribunal decisions is limited to pure questions of law. The case involved an insurance dispute.
Today, the Government of Canada released regulations made pursuant to the Emergencies Act following its declaration of the Emergency Economic Measures Order (the "Order").
The title of a property is used to define the right of ownership to the land. In purchasing a home, the title of the property is transferred to the new owner or owners.
In 2021 there were numerous changes to regulation of the insurance sector in Canada, both in response to COVID-19 and in keeping with regulators' long-term plans.
In Trial Lawyers Association of British Columbia v Royal Sun Alliance Insurance Company of Canada, the Supreme Court of Canada recently decided an issue of coverage under an automobile policy.
Aviva Insurance Company of Canada, 2022 BCSC 973, the BC Supreme Court (the "Court") held that Ms. Paula King (the "Insured") could not opt out of the mandatory dispute resolution process.
Individuals and businesses sometimes have more than one insurance policy that can cover the same subject matter. In the recent Court of Appeal for Ontario decision of Northbridge v Aviva.
The Ontario Superior Court recently addressed the evidence required to overcome the presumption of a duty to defend in the context of a liability insurance policy.
On November 18, 2021, the Supreme Court of Canada rendered its decision on whereby an insurer may be allowed to deny coverage based on a policy breach discovered several years down the road.
billion CAD) from the clients of insurance companies China Life, Tianan Life, and Yi’an Property & Casualty Insurance. Xiao’s family has lived in Canada since 2005 and he obtained citizenship in 2008. Similarly, Tomorrow Holdings is alleged to have illegally used funds totaling more than 190.9 billion yuan ($36.1
2023 is off to a strong start – Wisedocs is thrilled to announce we will be attending and sponsoring events in legal, insurtech and insurance, workers’ compensation , risk mitigation, and more across North America this year. These manual processes impact not only the legal firm, but the insurance companies, and the claimants.
Law students from the University of Ottawa are filing dispatches for JURIST on the “Freedom Convoy” protest in Canada’s capital that has paralyzed the city for over a week. Here, 3L Amanda Werger reports. Ottawa Mayor Jim Watson declared a state of emergency for the City of Ottawa at 4:20 PM on Sunday.
To stimulate investment in our economy, the Alberta government has announced new legislation that will permit a form of insurance that is currently only available in British Columbia.
Healthcare Insurance Reciprocal of Canada, the Court of Appeal addressed the commercial liability insurer's duty to defend actions based on the tort of intrusion. In its recent decision of Demme v.
There have been clear indications that the Government of Canada does not want the Employment Insurance (EI) system to subsidize individuals who are terminated or put on leave due to a refusal.
On October 27, 2021, the Alberta legislature introduced the Captive Insurance Companies Act[1] (the "Act"). If passed, the Act will expand insurance options for Alberta businesses;
In Capital Sewer Servicing Inc v Crosslinx Transit Solutions Constructors, the Court of Appeal for Ontario confirmed that covenants to insure do not, as matter of law, mean the covenantor agrees to assume the insured risk.
On April 6, 2022, following the consultation of industry stakeholders in the summer of 2021, the Canadian Insurance Services Regulatory Organizations ("CISRO") published the Principles of Conduct for Insurance Intermediaries.
Today at noon ET, LexisNexis Canada will present?the LaFlair, director, Legal Operations, at Workplace Safety and Insurance Board. The program will be moderated by Eric Wai, director of client relationships, LexisNexis Canada. I will be one of the panelists, together with: Dana Zuech?, Among the points we plan to discuss: What?is?legal?operations
In 2020, the Workplace Safety and Insurance Appeals Tribunal (WSIAT) confirmed that when a claim for constructive dismissal is based on harm sustained due to harassment
The Supreme Court of Canada has ruled that insurance companies with no previous knowledge of a policy breach may deny coverage to their insureds once knowledge of the breach comes to their attention.
It is now possible, under certain circumstances set out in the Regulation respecting categories of insurance contracts and classes of insureds that may derogate from the rules of articles.
Recent legislative changes in British Columbia have introduced a no fault model for auto liability claims arising from motor vehicle accidents that occur in British Columbia on or after May 1, 2021.
In 2020, the Workplace Safety and Insurance Appeals Tribunal (WSIAT) confirmed that when a claim for constructive dismissal is based on harm sustained due to harassment and bullying in the workplace.
1] established the right to obtain a copy of the opposing party's insurance policy in order to involve its insurer in the claim. Twenty-five years ago, Louis Champagne radiomutuel inc.[1]
The Quebec insurance industry has always been distinct from other Canadian provinces because Quebec insurers are legally required to take up the defence of their insureds and to cover the entire cost of their defence.
In the wake of COVID-19, several class action lawsuits emerged against various insurers in Canada with respect to the scope of business interruption coverage.
On May 27, 2022, Alberta's Superintendent of Insurance ("ASI") published an Interpretation Bulletin on Charitable Donations of Life Insurance (PDF) (the "ASI Bulletin").
While organizations primarily manage cybersecurity and privacy risks through practices, policies and procedures, organizations often look to manage residual risks through insurance.
and Canada. The Unemployment Insurance Relief portal launched by the New York State Bar Association , in which Clio was also a partner. Paladin says it will use this new funding to accelerate development of its product and address demand from organizations that want to build out or scale their pro bono programs.
In Merlini, the claim was that Canada had failed to purchase workers’ compensation insurance for its locally-engaged staff and that therefore, under Massachusetts law, it was strictly liable for Merlini’s workplace injury. As I wrote in the brief in opposition to Canada’s cert.
There is no doubt that the COVID-19 pandemic has given rise to some of the most contentious legal issues of our time on a global scale. Justice Belobaba, for the Ontario Superior Court of Justice.
The Alberta Court of Appeal (ABCA) has released a decision reiterating how important it is for insureds to act promptly if they wish to oppose a position taken by their insurer.
In Maria-Antony v. Selliah, 2014 ONSC 4264 ("Selliah"), the Ontario Superior Court dealt with the issue of whether a plaintiff may claim against the lessor of a vehicle for its vicarious liability.
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