Insurance
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June 25, 2024
Canada sanctions Hamas ‘financiers’ in response to Hamas’s Oct. 7 terror attacks in Israel
Declaring “we stand with the Israeli people and call for the immediate release of all hostages,” Foreign Affairs Minister Mélanie Joly announced dealings and entry bans of nine “financiers” of Hamas and Palestinian Islamic Jihad and two Hamas-affiliated financial exchange companies, “effective immediately.”
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June 24, 2024
Liberal government’s ‘intransigence’ and undue secrecy spurs litigation: information commissioner
A recent ruling from the Federal Court affirming a disclosure-of-government records order by Canada’s Information Commissioner illustrates the growth in litigation highlighted by the commissioner's 2023-24 annual report to Parliament, a litigation trend she says is fuelled by the Trudeau government’s court challenges and flouting of her legally binding orders.
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June 24, 2024
ACTIONS — Burden of proof — By insured against insurer — Property coverage
Action by plaintiff for insurance broker negligence arising from a motor vehicle accident. The defendant was a brokerage that sold auto insurance policies. The plaintiff alleged that the defendant’s agent failed to give him adequate advice about underinsured motorist protection (“UMP”) coverage.
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June 21, 2024
Public school boards are bound by Charter; tribunals’ Charter rulings reviewed for correctness: SCC
In an important Charter and standard of review case, the Supreme Court of Canada has ruled that labour arbitrators and other administrative tribunals “should play a primary role” in deciding Charter issues within their bailiwicks — which Charter determinations courts should review on a “correctness” rather than “reasonableness” standard — and that the Charter applies to Ontario public school boards, thereby protecting board employees’ reasonable expectations of privacy in their workplaces and shielding employees from unreasonable search or seizure by their employers.
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June 20, 2024
Airline held liable for negligent risk assessment before flying through conflict zone
On June 10, 2024, following an 18-day trial in Toronto, Justice Jasmine Akbarali of the Ontario Superior Court of Justice found that Ukraine International Airlines (UIA) failed to prove that it was “not negligent” in allowing flight PS752 to depart Tehran on Jan. 8, 2020.
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June 20, 2024
Ottawa lists Iran’s Islamic Revolutionary Guard Corps as a terrorist entity in Criminal Code
The Government of Canada listed the Islamic Revolutionary Guard Corps (IRGC) of Iran as a terrorist entity under the Criminal Code, effective June 19, 2024.
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June 18, 2024
Ontario Superior Court expands class action over defective water pumps in Ford vehicles
A class action concerning allegations that various models of Ford vehicles contain a dangerous water pump defect that can cause catastrophic engine failure has been expanded to include persons affected by the water pump failures until May 30, 2024, according to a release.
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June 17, 2024
Tenant not liable for fire damage despite deactivating sprinkler system: Ontario Court of Appeal
The Ontario Court of Appeal has upheld a finding that a tenant was not liable for fire damage to two leased buildings despite having deactivated the sprinkler system.
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June 17, 2024
Canadian counsel involvement in arbitration cases increasing, says first-of-its-kind report
On Canada’s commercial arbitration landscape, most professionals working in the field are lawyers and nearly half of them also run a litigation practice, according to the recently released results of the first survey of Canadian arbitration practitioners.
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June 14, 2024
Law requires Ottawa to roll out national strategy to combat ‘environmental racism’ within two years
Calling it “a significant milestone in the fight for environmental justice,” the federal Green party hailed the imminent enactment of its “groundbreaking” private member’s bill that requires Ottawa to roll out within two years a “national strategy” to mitigate the harmful fallout from “environmental racism” — which the party said disproportionately exposes marginalized, racialized and Indigenous communities to environmental hazards.