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Searching Content from Canada indexed under Insurance ordered by Published Date Descending.
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1
Principle Of Immunity Implied Releases Trilogy Scope Widens Further
Since the 1970s, a series of three Supreme Court of Canada cases – commonly referred to as the "Trilogy" – has established a common law principle to assist landlords and tenants in allocating risk in the absence of express provisions.
Canada
15 Dec 2017
2
Spotlight On Sports Injury Claims: Hurt Playing A Sport – Can I Sue?
Whether as a child or as an adult, mostly everyone has played a sport at one time in their life.
Canada
14 Dec 2017
3
Is An Injury Sustained While Clearing Snow Off A Vehicle An "Automobile Accident"?
The Automobile Insurance Act1 (the "Act") is intended to facilitate the indemnification of victims of road accidents, through a no-fault insurance regime.
Canada
12 Dec 2017
4
Bill 141: New Governance Rules For Certain Quebec Companies
Directors of Quebec insurers, trust and savings companies and deposit institutions will have increased duties regarding the development and enforcement of "sound commercial practices" ...
Canada
12 Dec 2017
5
Legislative Changes To Modernize The Insurance Industry In Quebec
In the fall of 2017, the Quebec government introduced two long-awaited bills that will bring about extensive reforms to the insurance industry in Quebec.
Canada
11 Dec 2017
6
Your Mistake, Not Mine: The Obligation Of An Insured In A Subrogation Claim
In a recent judgment the Ontario Court of Appeal held that an insured is not statutorily or contractually obligated to include an insurer's subrogated claim in its action.
Canada
8 Dec 2017
7
Deciphering The Duty To Defend
The Court of Appeal for Ontario recently considered an Ontario Superior Court judge's decision regarding an insurer's duty to defend in the context of a maintenance contract.
Canada
6 Dec 2017
8
Race To "Get A Foot In The Door" Of The Recreational Cannabis Industry Raises Potentially Legal Issues
Canadian cannabis producers are in a race to increase their size and gain capital ahead of Canada's planned recreational cannabis legalization in July 2018.
Canada
4 Dec 2017
9
Cooper Industries: Fifth Circuit Applies Crime Policy's Ownership Condition In Finding No Coverage For Loss Of Funds In Ponzi Scheme
On November 20, 2017, the Fifth Circuit Court of Appeals released its decision in Cooper Industries, Limited v. National Union Fire Insurance Company of Pittsburgh, PA.
Canada
4 Dec 2017
10
Court Of Appeal Upholds Dismissal Of Action Against Municipality Based On Defences Available Under Municipal Act
In the recent decision of House v. Baird, the Ontario Court of Appeal upheld a trial judge's decision to dismiss an action against a lower tier municipality based on the defences available...
Canada
1 Dec 2017
11
The Exclusion For Intentional Or Criminal Acts
As third party liability insurance is not intended to cover an insured for intentionally caused harm, liability policies, particularly homeowner's and commercial general liability policies, invariably have some form of...
Canada
1 Dec 2017
12
Third Party Litigation Funding: Where Is It In Canada?
Third party litigation financing presently plays a role in class actions and personal injury cases in Canada. ATE insurance is increasingly common for plaintiffs to obtain in pursuing a personal injury case.
Canada
1 Dec 2017
13
Automatic Vicarious Liability Of Owner Only Applies To Accidents On Highways
One of the first lessons that any student of personal injury law learns is that an owner of a motor vehicle is vicariously liable for the negligence of the vehicle's operator.
Canada
24 Nov 2017
14
Ontario Court Of Appeal Summaries (November 13 – November 17, 2017)
Below are this week's summaries of the civil decisions of the Ontario Court of Appeal
Canada
24 Nov 2017
15
A New Realm: Cyberspace, Cyber Liability And Cyber Liability Insurance
For any business today, the reality of day-to-day functioning and management involves mass-communication, networking, marketing, and the organization of important confidential information...
Canada
24 Nov 2017
16
"Family Member Exclusion" Passes The Test In BC's Highest Court
The BC Court of Appeal has unanimously overturned a lower court ruling, and has found that a common exclusion clause regularly found in homeowner insurance policies is unambiguous...
Canada
21 Nov 2017
17
LAT Makes Insurer Pay For Non-Compliant Notice
On reconsideration of a decision at the License Appeal Tribunal (LAT), Executive Chair Linda Lamoureux has confirmed that an insurer's deficient notice under Section 38 of the SABS will have strict consequences.
Canada
21 Nov 2017
18
The Nature OAf The Force Matters: A Priority Dispute And The Transmission Of Force
The conceptual interplay of physics and law was on display in the recent appeal case of Unifund Assurance Company v. ACE INA Insurance Company (2017 ONSC 3677).
Canada
17 Nov 2017
19
‘Much Ado About Nothing': Three Reasons Why The The Brick V. Chubb Decision Does Not Add Much To The Law Of Cyber Insurance
By now, anyone who is remotely interested in insurance coverage for technology-related risks in Canada has probably heard or read about The Brick Warehouse LP v. Chubb Insurance Company of Canada ...
Canada
17 Nov 2017
20
The Full ‘Costs' Of Lying: When Full-Indemnity Costs Are Awarded
It's not every day that an insurer is able to recover its full costs. But sometimes, when an opposing party lies and engages in unlawful conduct, it just might be your lucky day.
Canada
17 Nov 2017
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