Insurance
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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.
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May 24, 2024
The delisting of health-care providers by an insurer
Being delisted by an insurance company is one of the worst things that can happen to a health-care practitioner or clinic (each of which is referred to below as a “provider”).
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May 23, 2024
Court confirms ongoing applicability of statutory municipal law defences
In Hamilton-Dawkins v. Ajax 2024 ONSC 2152, the Ontario Superior Court of Justice recently confirmed the applicability of the statutory defences afforded to municipalities in s. 44(3) of the Municipal Act, dismissing the plaintiff’s claim for injuries arising out of a trip and fall due to a height discontinuity on the municipal sidewalk in the Town of Ajax.
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May 22, 2024
Appeal Court finds pollution exclusion clause not enforceable in case of liquid chlorine leak
The Ontario Court of Appeal has dismissed an appeal concerning a pollution exclusion clause in an insurance contract and a liquid chlorine leak that damaged a furniture store.
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May 22, 2024
New sanctions aimed at Russia–N. Korea arms trade for weapons used in illegal war on Ukraine
Two Russians and six Russian entities are targeted by the latest sanctions Canada has imposed in response to the Putin regime’s illegal war of aggression against Ukraine.