Insurance
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July 26, 2024
SCC’s 9-0 judgment on interpreting historic treaties a big win for First Nations, their counsel say
Live up to the honour of the Crown and its “sacred” treaty promises — or the courts will step in.
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July 26, 2024
Court of Appeal orders retrial in car accident case against Insurance Corporation of B.C.
The B.C. Court of Appeal has allowed an appeal of a decision dismissing a damages claim for a motor vehicle accident, finding that the judge did not consider relevant evidence that may have changed the analysis.
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July 25, 2024
Court of Appeal upholds insurer liability for fire damage, rejecting coverage exclusion amendments
The Ontario Court of Appeal has upheld a finding that an insurer was liable to pay for losses caused by a fire in a vacant building as it was estopped from relying on a vacancy exclusion or policy amendments that excluded losses due to malicious acts.
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July 24, 2024
New managing partner for Aird & Berlis
Jill P. Fraser, a senior partner in Aird & Berlis’s financial services group and a long-standing member of the executive committee, the firm’s new managing partner.
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July 23, 2024
Appeal court finds insured not covered for failing to notify insurer of securities fraud probe
The Ontario Court of Appeal has dismissed an appeal in which the insured was not able to receive coverage or relief from forfeiture due to his delay in notifying the insurer about circumstances that would reasonably lead to a claim.
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July 22, 2024
Ottawa rolls out ‘special measures’ for people affected by 2024 wildfires in Canada
Canadians and permanent residents “directly affected” by wildfires in 2024 will be able to get free replacement federal documents — including permanent resident cards, Canadian citizenship certificates, Canadian passports and other travel documents — that are lost, damaged, destroyed or inaccessible due to wildfires, Immigration Minister Marc Miller announced.
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July 22, 2024
Competition watchdog gives guidance, seeks input on policing deceptive ‘greenwashing’ by business
The federal Competition Bureau is asking for input from lawyers, their clients and the public to inform the bureau's “future enforcement guidance” regarding misleading and unsubstantiated environmental claims by businesses about products or activities, including future enforcement guidance with respect to last month’s amendments to the Competition Act that explicitly address “greenwashing.”
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July 22, 2024
Class action seeking $10M launched against Calgary for ruptured water main
A proposed class action has been launched against the City of Calgary and Calgary-based utility Enmax Corp. over flooding that resulted from the major water main rupture that occurred in the city in June, which the lawsuit alleges was caused by known defects in the main since its installation in the 1970s. The claim seeks $10 million in general damages.
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July 18, 2024
Court finds doctor cannot amend libel claim against lawyer who represented car accident victim
The Ontario Superior Court of Justice’s Divisional Court has dismissed an appeal of a decision that denied a doctor’s request to amend his statement of claim in a libel case against a lawyer who was involved in a car accident insurance claim case.
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July 18, 2024
New criminal rate of interest comes into effect Jan. 1, 2025
On May 31, 2024, an Order in Council was made indicating that certain changes to s. 347 of the Criminal Code, as summarized below, will come into effect on Jan. 1, 2025.