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Supreme Court clarifies the test for use and operation of motor vehicles in the third party context

Borden Ladner Gervais LLP
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Canada
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October 19 2007

In two unanimous decisions released October 19, 2007, the Supreme Court has reversed the majority position of the Ontario Court of Appeal in Herbison and Vytlingam and concluded that the use of the words “directly or indirectly” in section 239 (1) of the Insurance Act and the Family Protection Endorsement OPCF 44R does not eliminate the requirement of an unbroken chain of causation

Supreme Court of Canada affirms vicarious liability of leasing companies in motor vehicle accidents involving leased vehicle with option to purchase

Borden Ladner Gervais LLP
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Canada
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November 16 2007

The Supreme Court of Canada has confirmed that under British Columbia law finance companies may be vicariously liable for motor vehicle accidents when they finance a consumer’s acquisition of a motor vehicle through a “lease with an option to purchase” instead of a “contract of conditional sale”

US insurers have no PE in Canada

Borden Ladner Gervais LLP
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Canada, USA
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June 19 2008

On May 16, 2008, the Tax Court of Canada released its judgments in American Income Life Insurance Company v. The Queen and Knights of Columbus v. The Queen

Canadian National Railway Co. v. Royal and Sun Alliance Insurance Co. of Canada

Borden Ladner Gervais LLP
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Canada
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January 30 2009

On November 21, 2008, the Supreme Court of Canada found in favour of Canadian National Railway Company (CNR), allowing CNR’s appeal, and set aside the judgment of the Ontario Court of Appeal, restoring the trial judgment in CNR’s favour, including interest and costs, of approximately $40 million

Ontario no fault: the meaning of catastrophic impairment

Borden Ladner Gervais LLP
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Canada
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September 9 2009

In a recent decision, the Ontario Court of Appeal placed significant limitations on the statutory definition of a catastrophic impairment as outlined in Ontario Regulation 46196

Ontario limitations update: transitioning claims for contribution and indemnity

Borden Ladner Gervais LLP
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Canada
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September 9 2009

The recent decision of the Court of Appeal for Ontario in Placzek v. Green (January 2009) interpreted for the first time the transition provisions under Ontario’s new Limitations Act as they relate to claims for contribution and indemnity

After previous attempts failed, British Columbia is clearly now the latest health care cost recovery jurisdiction

Borden Ladner Gervais LLP
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Canada
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February 20 2009

The common law of damages in British Columbia is, generally speaking, that a plaintiff injured by the wrongful conduct of a negligent party can only recover for his or her actual loss

Exclusion of liability clauses

Borden Ladner Gervais LLP
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Canada
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September 9 2009

In Cejvan v. Blue Mountain Resorts (2008), the Ontario Superior Court of Justice considered the enforceability of unsigned exclusions of liability

Multiple tortfeasors: the Ontario Court of Appeal weighs in

Borden Ladner Gervais LLP
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Canada
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September 9 2009

In two recent decisions, the Ontario Court of Appeal considered questions of several liability, allocation of responsibility between tortfeasors and partial settlement agreements

Radiohead or the long arm of Quebec's no-fault auto insurance

Borden Ladner Gervais LLP
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Canada
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September 9 2009

On the basis of what the court itself described as exceptional and even disconcerting circumstances, a suit filed by a certain Guy Bouchard against a Toyota dealership and Toyota Canada Inc. was recently dismissed on a summary motion

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Search results

Supreme Court clarifies the test for use and operation of motor vehicles in the third party context

Supreme Court of Canada affirms vicarious liability of leasing companies in motor vehicle accidents involving leased vehicle with option to purchase

US insurers have no PE in Canada

Canadian National Railway Co. v. Royal and Sun Alliance Insurance Co. of Canada

Ontario no fault: the meaning of catastrophic impairment

Ontario limitations update: transitioning claims for contribution and indemnity

After previous attempts failed, British Columbia is clearly now the latest health care cost recovery jurisdiction

Exclusion of liability clauses

Multiple tortfeasors: the Ontario Court of Appeal weighs in

Radiohead or the long arm of Quebec's no-fault auto insurance

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