Insurance
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November 19, 2024
New Quebec requirements for information security incidents reporting by financial institutions
The Regulation respecting the management and reporting of information security incidents by certain financial institutions and credit assessment agents (the Regulation), published in the Gazette officielle du Québec on Oct. 23, 2024, introduces new requirements to enhance the management and reporting of information security incidents to the Autorité des marchés financiers (AMF).
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November 18, 2024
Superior Court determines COVID-19 benefits are deductible from loss-of-income award
The Ontario Superior Court of Justice has settled the debate with regard to COVID-19 benefits.
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November 15, 2024
B.C. Court of Appeal allows appeal relating to definition of sub-contractor in insurance policy
The British Columbia Court of Appeal has overturned a lower court ruling in an insurance dispute, concluding that the judge erred in interpreting the definition of “sub-contractors” pursuant to an insurance policy relating to defence costs of third-party claims.
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November 15, 2024
Court of Appeal upholds finding that insurer waived its policy requirement of sworn ‘proof of loss’
In Stewart v. Bay of Quinte Mutual Insurance Co., 2024 ONCA 730, the Ontario Court of Appeal considered whether the trial judge made an error in concluding that the insurer had underpaid its policyholder for personal property damages arising out of a fire.
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November 15, 2024
AI in the courtroom: Canadian Judicial Council’s new guidelines
With the rapid advancement of artificial intelligence (AI) technology, Canadian courts are under increasing pressure to address its impact. While some view AI as a possible threat to the rule of law and democracy within Canada’s justice system, AI also holds promise for enhancing court operations, reducing workloads, supporting judicial functions and improving access to justice.
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November 14, 2024
FSRA releases Proposed Guidance on Automobile Insurance Rating and Underwriting Supervision
The Financial Services Regulatory Authority of Ontario’s (FSRA) role in the automobile insurance sector includes a responsibility to ensure that all Ontarians have access to fairly priced automobile insurance. Recently, FSRA introduced its Proposed Guidance: Automobile Insurance Rating and Underwriting Supervision Guidance (Proposed Guidance), which aims to transition the sector to a principles-based regulatory model.
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November 14, 2024
Removal of untranslated English decisions on website won’t end novel lawsuit against SCC: plaintiff
The Supreme Court of Canada’s removal of thousands of pre-1970 (mostly unilingual-English) judgments from its website won’t end an unprecedented Federal Court lawsuit that aims to compel the top court’s registry to fix alleged violations of the Official Languages Act by translating the court’s unilingual decisions into the other official language, says the plaintiff language rights group Droits collectifs Québec.
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November 13, 2024
National workplace health and safety organization launches online portal for businesses
The Hamilton, Ont.-based Canadian Centre for Occupational Health and Safety (CCOHS) has launched an online portal aimed at helping small and medium-sized businesses stay on the right side of workplace safety laws and regulations.
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November 11, 2024
Court certifies class action related to Vancouver fire that killed 2, displaced 70
The British Columbia Supreme Court has certified a class action arising from a 2022 fire at a hotel housing vulnerable residents in Vancouver’s Downtown Eastside for negligence and occupier’s liability claims.
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November 08, 2024
SCC elaborates on framework, scope for judicial review of regs and other subordinate legislation
The Supreme Court of Canada has ruled 9-0 that the Vavilov “reasonableness” standard for judicial review — informed by some of the Katz Group principles — presumptively applies when courts review whether subordinate legislation is authorized by law.