Insurance
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July 15, 2024
Appeal Court orders Crown to pay insurer out of forfeited cyber fraud proceeds after Crown error
The Ontario Court of Appeal has ordered that an insurer be paid amounts paid out to a cyber fraud victim from crime proceeds forfeited to the Crown after the Crown failed to raise the insurer’s claim at a restitution hearing.
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July 11, 2024
Ontario cy-près class action settlement approved over municipal development that increased flood risk
The Ontario Superior Court of Justice has approved a cy-près class action settlement involving residents in the Ontario communities of Oakville and Milton who faced an increased risk of flooding and reduced property values due to municipal development that expanded a flood plain.
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July 11, 2024
B.C. court upholds ban on condo insurance business between brokers and related property managers
The B.C. Supreme Court has upheld a new rule prohibiting licensed insurance brokers from engaging in insurance business with strata corporations managed by property management companies with which the brokers share common ownership.
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July 10, 2024
Post-sentencing Code change results in successful appeal in animal rights case
People for the Ethical Treatment of Animals (PETA), an animal rights organization, asked a troubling question: “Have you ever wondered how someone can be moved to tears by a news story about an abused dog yet feel no remorse over eating a bucket of chicken wings that caused multiple birds to suffer and die?”
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July 10, 2024
When the defendant is an ice cream store
The concept of a corporation as a legal entity is far from simplistic. The principle of deterrence, which has a limited impact on individuals, can be a powerful tool for ensuring compliance in the complex world of businesses and government agencies.
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July 09, 2024
Navigating legal privilege in cyber incident response: Lessons from the LifeLabs data breach
The limits of client-solicitor and litigation privilege over internal reports and expert evaluations conducted in the wake of a cybersecurity incident were considered by the Divisional Court of the Ontario Superior Court of Justice in LifeLabs LP v Information and Privacy Commr. (Ontario) 2024 ONSC 2194.
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July 08, 2024
National dental care program opened to claim-by-claim providers in bid to expand participation
In a bid to sign on more oral health professionals for its nascent Canadian Dental Care Plan (CDCP), the federal government has announced that dentists, dental hygienists, denturists and dental specialists may now participate on a claim-by-claim basis.
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July 08, 2024
Manitoba regulator running mental wellness challenge for lawyers
The new president of Manitoba’s law society is hoping an ongoing “wellness challenge” for lawyers will put them on the path to minding their mental health while at work. The Law Society of Manitoba’s (LSM) Wellness Challenge 2024, the first of its kind by the regulator, is a voluntary project where participants engage in various wellness activities over an eight-week period. The activities, grouped into two-week slots, began June 17 and will run through to Aug. 9.
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July 05, 2024
SCC-bound case challenges refusal to publicly disclose court records revealing civil case delays
Does the principle of judicial independence enable judicial leaders to veto, in their absolute discretion, the public release of court records that reveal the extent of civil trial delays in the courts they administer? Absent transparency about courts’ operational performance, is the judicial branch of government sufficiently accountable to the public for its role in managing the courts?
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June 28, 2024
SCC settles confusion in tax disputes about jurisdictional boundaries of Federal and Tax Courts
In judgments that clarify the jurisdictional boundaries between the Federal Court and the Tax Court in tax disputes, the Supreme Court of Canada has rejected separate appeals by two Canadian companies who challenged how their taxes were assessed by the Canada Revenue Agency (CRA).