Insurance
-
May 10, 2024
Supreme Court of Canada clarifies how to assess compensation for constructive expropriation
The Supreme Court of Canada has explained how to assess compensation payable for constructive expropriation of private land by public authorities in a unanimous decision that reverses a ruling below that pegged what the City of St. John’s owes to a property owner to the land’s prospective market value if it were permitted to be developed for residential use, rather than to its much lower market value as land which is currently zoned “watershed,” with only limited discretionary agriculture, forestry and public utility uses.
-
May 10, 2024
Albertans need a ‘simpler, more affordable and stable’ auto insurance system: province
Alberta is once again seeking public input on automobile insurance as part of their quest to bring in lower rates for consumers while still maintaining the stability of the system. But an organization representing civil lawyers in the province is saying that adopting a “no-fault” system is not the best way to go, despite the province’s seeming embrace of it.
-
May 09, 2024
Terminated for failure to follow vaccination policy? No EI for you.
Are we done with COVID vaccination policy litigation? Not yet.
-
May 07, 2024
Sweeping national security bill would boost state investigative powers; expand & create crimes, AMPs
The federal government has introduced a sweeping national security bill that would create a publicly accessible “foreign influence transparency” registry; expand the warrant, production and disclosure powers of the Canadian Security Intelligence Agency (CSIS); affect criminal accused or judicial review applicants seeking access to relevant “information related to international relations, national defence or national security”; expand the current “sabotage” offence; and create new “foreign interference” offences, along with administrative monetary penalties (AMPs) of up to $5 million and five years in prison, including for knowingly obstructing the operations of the office of a proposed new “Foreign Influence Transparency Commissioner.”
-
May 07, 2024
Ontario Court of Appeal: Non-earner benefits deductible from loss of income tort awards
Any non-earner benefits provided to a person impaired in an accident must be deducted from a tort award for a loss of income under the Insurance Act, the Ontario Court of Appeal has held.
-
May 06, 2024
Pharmacogenetic testing: A game changer | Courtney Mulqueen
Combining the sciences of genetics and the study of drugs, pharmacogenetic testing offers doctors the ability to determine a patient’s potential response to medications based on their genetics.
-
May 06, 2024
3 associates join Alexander Holburn
A news release from law firm Alexander Holburn announced the addition of three new associates: Brandon Cook, Grace Tran and Jeremy Brodeur.
-
May 03, 2024
Despite Tomec, insurers and tribunal continue to apply SABS limitation period in a rigid way
In November 2019, the Ontario Court of Appeal released its decision in Tomec v. Economical Mutual Insurance Company, 2019 ONCA 882, in which it found that the two-year limitation period set out in the Statutory Accident Benefits Schedule (SABS) was subject to the rule of discoverability. The Court of Appeal stated that applying a hard limitation period was contrary to the consumer protection purposes of the SABS and discouraged a narrow interpretation of the time limitation by insurers. Such an approach was not only inconsistent with the policy rationales that underlie limitation periods but could also lead to absurd results.
-
May 03, 2024
3 partners join Alexander Holburn
A news release from law firm Alexander Holburn announced the addition of three new partners: Chris Reain, Emily Stock and Nicola Brankley.
-
May 02, 2024
New independent watchdog would assess & report how Ottawa carries out its modern treaty obligations
Ottawa says it will create an independent oversight body, led by a new “Commissioner for Modern Treaty Implementation” who reports to Parliament and whose role will be “to work to hold the Government of Canada accountable for its modern treaty obligations and advance key priorities.”