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Supreme Court rules today that banks' insurance activities also subject to provincial insurance regulation
  • Stikeman Elliott LLP
  • Canada
  • May 31 2007

The Supreme Court of Canada today unanimously upheld the Alberta Court of Appeal ruling in Canadian Western Bank v. Alberta, under which Canada's federally chartered banks - eight of which were jointly the appellants in the case - are subject to provincial regulatory regimes with respect to the distribution of the kinds of insurance banks have been permitted, under the Bank Act, since 1991, to distribute in their branches


Case summary Canadian Western Bank v. Alberta
  • Gowling Lafleur Henderson LLP
  • Canada
  • July 6 2007

On May 31, 2007, the Supreme Court of Canada delivered a disappointing blow to the banking industry with the release of its decision in Canadian Western Bank v. Alberta, a judgment that will likely have a significant impact on the manner in which Canadian banks engage in the promotion of credit-related insurance products to their customers


Aggravated damages awarded against insurers
  • Gowling Lafleur Henderson LLP
  • Canada
  • July 6 2007

In a recent decision involving an award of aggravated damages, the Plaintiff commenced a legal action against her disability insurer


Faulty or improper design exclusion clause triggered
  • Gowling Lafleur Henderson LLP
  • Canada
  • July 6 2007

Recently, in Canadian National Railway Company v. Royal and Sun Alliance Insurance Company of Canada, 2007 ONCA 209, the Ontario Court of Appeal held that failed efforts to prevent a foreseeable risk triggered the "faulty or improper design" exclusion clause in an all-risk builder's risk policy (the "Policy"


Cornie v. Security National Insurance Co. (c.o.b. TD Meloche Monnex)
  • Harper Grey LLP
  • Canada
  • January 22 2013

Appeals by multiple insurers from the dismissal of their motions to strike or stay the insured respondents' actions. The Appeals were dismissed


Boyce v. Co-Operators General Insurance Co
  • Harper Grey LLP
  • Canada
  • January 22 2013

Application for summary judgment by the defendant insurance company primarily on a limitations issue. The application was dismissed. 2012 O.J. No


Canadian National Railway Co. v. Royal and Sun Alliance Insurance Co. of Canada
  • Borden Ladner Gervais LLP
  • Canada
  • 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


Who is insured under a builder’s risk policy?
  • Robinson Sheppard Shapiro
  • Canada
  • January 31 2009

In the recent case of Axa Assurances vs Valko Électrique, the Quebec Court of appeal had to examine the admissibility of a recovery action taken by a builder's risk insurer against some of the sub-contractors who had worked on the insured construction site


After previous attempts failed, British Columbia is clearly now the latest health care cost recovery jurisdiction
  • Borden Ladner Gervais LLP
  • Canada
  • 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


Progressive or regressive? Progressive Homes Ltd. v. Lombard General Insurance Company of Canada: another blow to general contractors
  • McCarthy Tétrault LLP
  • Canada
  • April 4 2007

In February 2007, the British Columbia Supreme Court had the opportunity to reconsider the issues at the heart of Swagger Construction Ltd. v. ING, 2005 BCSC 1269 ("Swagger") on two separate occasions