Insurance
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June 07, 2024
SCC rules on interplay of informer privilege & open courts in so-called secret trial case
The Supreme Court of Canada says no “secret” trial occurred during the in-camera prosecution of a confidential police informer in Quebec, but it has ordered 9-0 that a redacted trial judgment should be made public, which contains no information that might identify the police informer in breach of what the top court has previously described as the “extremely broad and powerful” informer privilege.
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June 06, 2024
B.C. court awards $15K per person for ICBC privacy breach that led to arson, shooting attacks
The British Columbia Supreme Court has awarded $15,000 each in general non-pecuniary damages to B.C. residents impacted by a privacy breach in which a Crown corporation employee improperly accessed the personal information of 79 individuals and sold at least some of it to a criminal group.
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June 04, 2024
Canada to provide automatic permanent residence to foreign nationals arriving under caregiver programs
Ottawa says it will roll out two new pilot programs later this month that will offer home-care workers from abroad permanent residence on their arrival in Canada.
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June 03, 2024
SCC’s Wagner urges vigilance, strong defence against false information, justice system attacks
Canada’s top judge says elected officials should not attack the justice system or the judiciary, based on false information that could shake public confidence.
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May 31, 2024
SCC gives guidance on interpreting exclusion clauses, applying standards of appellate review
The Supreme Court of Canada has clarified what is required for an exclusion clause in a contract of sale to exempt the seller from an implied condition under Ontario’s Sale of Goods Act (SGA) and has also clarified what standards of appellate review apply when trial courts interpret contracts involving implied statutory conditions.
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May 31, 2024
Intentional fault: the Court of Appeal sets the record straight
On Feb. 12, the Court of Appeal of Quebec rendered a decision of interest in Société d’assurance Beneva inc. c. Bordeleau, 2024 QCCA 171 which particularly addresses the burden of proof incumbent on an insurer that denies coverage on the basis of an insured’s intentional fault in the context of a fire, and an award of damages against an insurer for breach of its duty to act in good faith.
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May 31, 2024
Enforcing support obligations in separation agreements and court orders against an estate
Do spousal and child obligations for support survive death? How does someone who has obtained an order for support from an ex-spouse or an estate enforce that order? Does it make a difference if the support order is obtained under the Divorce Act, R.S.C., 1985, c. 3 (2nd Supp.) or the Family Law Act, R.S.O. 1990, c. F.3 (FLA)?
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May 31, 2024
DEFENCES — Voluntary assumption of risk (volenti non fit injuria) - Waiving right of action
Appeal by Mitchell and Revelstoke Alpine School (“appellants”) from trial judgment finding that waiver of liability ("Waiver") had no application to Mt Rogers expedition. The appellants argued that the trial judge erred in interpreting the Waiver as applying only to the June 18 climb.
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May 30, 2024
RRSPs: Their consequences for estates, beneficiaries
A landmark budget speech was delivered to Canada’s House of Commons on March 14, 1957, by Walter Harris, minister of Finance under the Liberal government of Louis St. Laurent. Despite John Diefenbaker’s rise to power on June 10, 1957, mere months later, the groundwork was laid for the implementation of the registered retirement savings plan (RRSP) in Canada.
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May 24, 2024
Ontario Convocation talks criminal charge disclosure, heats up over bullying, money for diversity
A committee with Ontario’s law society is considering recommending that the regulator expand the amount of lawyer information it makes public — including if a member has been hit with criminal charges.