Insurance
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April 08, 2024
Appeal Court deems universal life insurance policy is not income from property
In a decision expected by tax pundits to set a precedent, the Quebec taxman partially lost a legal battle after the Court of Appeal held that coverage provided by a universal life insurance policy does not constitute income from property even though it is a benefit for the insured taxpayer.
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April 04, 2024
Federal Court and Federal Court of Appeal float ideas for reforming their rules, seek bar’s input
The Federal Court and Federal Court of Appeal are working on updating their rules and seeking the bar’s views on dozens of reform ideas, such as modifying the test for certifying national class actions; green-lighting non-lawyers to represent litigants if “the interests of justice so require”; and boosting the $100,000 cap on claims for matters that proceed as simplified actions.
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April 04, 2024
Appeal court decision has important implications for Ontario motoring public, lawyer says
Ontario’s top court has overruled a finding by a lower court judge that said a woman who lost her common-law spouse in a motorcycle accident needed to exhaust coverage under her primary auto policy before recovering funds under an additional policy.
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April 03, 2024
B.C. makes speed-limiter devices for commercial trucks mandatory April 5
The B.C. government has announced that the mandatory use of speed-limiter devices for heavy commercial vehicles will come into effect April 5.
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April 03, 2024
Police recover 598 stolen vehicles worth over $35M set for illegal export
The Ontario Provincial Police (OPP) and the Canada Border Services Agency (CBSA) have announced the recovery of 598 vehicles that were to be illegally exported from the Port of Montreal. The vehicles were recovered in the midst of a rash of recent vehicle crimes, including carjackings and home invasions.
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April 03, 2024
Right of appeal: Why it may not preclude judicial review
Canadian courts have ample discretion to oversee a challenge to a tribunal decision through judicial review. In Ontario, this discretion is codified under the Judicial Review Procedure Act, R.S.O. 1990, c.J.1 (the JRPA).
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March 28, 2024
Supreme Court of Canada rules Charter applies to First Nation government and its citizens
The Supreme Court of Canada has ruled 6-1 that the Charter applies to a First Nation government and its citizens in Yukon, as well as ruling 4-3 that the Charter’s s. 25 shields from a community member’s s. 15 equality rights challenge the self-governing Vuntut Gwitchin’s constitutional requirement that its elected leadership must live on the First Nation's traditional territory.
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March 28, 2024
Encouraging news about employer positive approach to mental health issues | Courtney Mulqueen
Few of us are able to escape workplace stress, but a growing commitment by more employers toward a more preventative approach to mental health issues is a promising sign.
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March 27, 2024
Lawyers concerned by Ontario’s plans to make some automobile insurance coverage optional
The Ontario government is saying auto insurance reforms outlined in its 2024 budget will give more choice to consumers, but legal observers are raising alarm bells that they could lead to people driving around without proper coverage.
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March 22, 2024
Ottawa unveils proposed military justice reforms ‘in response to’ Fish and Arbour external reviews
The federal Liberal government has proposed long-awaited reforms to “modernize” the National Defence Act (NDA), including measures to bolster the independence of key military justice system actors.