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Results: 1-10 of 147

Bringing clarity to murky waters: threshold update 2012
  • Borden Ladner Gervais LLP
  • Canada
  • August 29 2012

For those practising in the area of motor vehicle tort claims section 267.5 of the Insurance Act is familiar territory


Recent decision underlines risk involved in communicating with class members during opt-out phase
  • Borden Ladner Gervais LLP
  • Canada
  • November 23 2012

A recent decision of the Ontario Superior Court of Justice adds to the growing body of case law dealing with the issue of when a Court should intervene to restrict communication with class members after a class action has been certified


Case update
  • Borden Ladner Gervais LLP
  • Canada
  • November 1 2012

On October 29, 2012, the Ontario Court of Appeal upheld the decision of Herman J. in Martin et al v. Fleming et al, in which she determined that no ambiguity exists in s. 267.5(7) of the Insurance Act, which deals with the application of statutory deductibles


Revenue Minister can't use audit to "chill" business
  • Borden Ladner Gervais LLP
  • Canada
  • March 13 2013

In MNR v. RBC Life Insurance Company et al., 2013 FCA 50, the Federal Court of Appeal held that the Minister of National Revenue could not use her


US insurers have no PE in Canada
  • Borden Ladner Gervais LLP
  • Canada, USA
  • 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


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
  • Canada
  • 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”


Supreme Court clarifies the test for use and operation of motor vehicles in the third party context
  • Borden Ladner Gervais LLP
  • Canada
  • 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


Was the accident caused by the box on the road or the car from which it fell?
  • Borden Ladner Gervais LLP
  • Canada
  • March 15 2012

Larry Squires swerved to avoid a box on the highway and was injured


Don’t take everything you see on a government website at face value
  • Borden Ladner Gervais LLP
  • Canada
  • August 8 2012

Especially where it’s clear that the information on the website deals only in generalities and can’t address particular circumstances, as RM learned in RM v Canada (Attorney General), 2012 FCA 202


Cable-cutting “a very stupid thing”
  • Borden Ladner Gervais LLP
  • Canada
  • November 17 2011

Marine Insurers may wish to take note of the conditions under which a crab fisherman was found liable, and uninsured, for an act of property damage