Insurance
Statutory Accident Benefit Claims and Judicial Review: SCC Grants Leave in Yatar v TD Insurance
In Yatar v TD Insurance Meloche Monnex, 2022 ONCA 446 [Yatar], the Ontario Court of Appeal (“ONCA”) considered the scope of appellants’ right to the remedy of judicial review in cases regarding disputes over statutory accident benefit claims. After considering the relevant factors, it concluded that courts should only grant judicial reviews sparingly in the […]
Insurer not Estopped from Denying Coverage, SCC finds in Trial Lawyers Association v Royal and Sun Alliance Insurance Company of Canada
On November 18, 2021 the Supreme Court of Canada (“SCC” or “The Court”) released its decision in Trial Lawyers Association of British Columbia v Royal & Sun Alliance Insurance Company of Canada 2021 SCC 47 [Trial Lawyers]. At issue was whether an insurer is estopped from denying coverage if it was previously not aware of […]
Moore v Sweet: SCC Ruling May Place Insurers in Difficult Position
In today's guest post, Danielle Mallozzi examines the Supreme Court of Canada's 2018 decision on whether life insurance beneficiaries should be enriched at the expense of unknowning premium payers. In Moore v Sweet, 2018 SCC 25 (“Moore”), the Supreme Court of Canada (“SCC”) considered whether the appellant, Michelle Moore or the respondent, Risa Sweet was entitled […]
Lost in Translation: Language Rights in Federal Courts
As the two official languages of Canada, French and English form the bedrock of our legal system, and their usage is a constitutionally protected right found in both the Constitution Act, 1867 (“Constitution”) and the Canadian Charter of Rights and Freedoms (“Charter”). With such a high level of recognition and protection, one might assume the […]
Econolodge v Lombard: Custody as a Question of Fact
When you park your car at a hotel or restaurant, or leave it with a valet, you might not think twice about leaving the keys behind. But can a business that holds the keys to your car be considered to exercise "care and control" over it? 3091‑5177 Québec Inc (Éconolodge Aéroport) v Lombard General Insurance […]
Sabean v Portage La Prairie Mutual Insurance Co : Applying Ledcor and Ordinary Meaning
In its most recent decision, Sabean v Portage La Prairie Mutual Insurance Co, 2017 SCC 7 [Sabean], the Supreme Court of Canada (“SCC”) interprets whether the Canada Pension Plan (“CPP”) is a “policy of insurance providing disability benefits” within the meaning of certain insurance contract clauses. The case involves the interpretation of a Nova Scotia excess insurance policy, the SEF […]
Money, Mortgages and Mayhem: The highly anticipated appeal on indefeasibility and housing fraud
Controversy surrounding new provincial legislation in British Columbia to curb foreign investment in the housing market and talks of similar measures for Ontario have kept all eyes on the red-hot housing markets across Canada. Furthermore, new federal mandates will take effect starting October 17, 2016 for the purchasing of homes, which will likely cause further […]
Interview with Allan Hutchinson: Legal Advocacy and Tragedy in Light of Neville-Lake v. Muzzo
Last year, TheCourt.ca posted an article discussing the fatal impaired driving incident that resulted in the death of all three of Jennifer and Edward Neville-Lake’s children. Daniel, Harrison and Milly were all under the age of ten. Jennifer’s father Gary—the children’s grandfather—was also killed in the crash. The sole survivors were their grandmother and great-grandmother, […]