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The Carter decision what’s next?
  • WeirFoulds LLP
  • Canada
  • February 13 2015

Our Estate Alert of February 6, 2015 discussed the Supreme Court of Canada "SCC"'s decision of Carter v. Canada (Attorney General)1 that was

Vitamin supplements can be medical treatment, Eighth Circuit says
  • Shook Hardy & Bacon LLP
  • Canada
  • August 7 2014

The Eighth Circuit has sided with Sun Life Assurance Co. of Canada in a lawsuit alleging that the insurance company improperly denied the plaintiff

Alberta court rejects Chaoulli-like challenge on evidentiary grounds
  • Fasken Martineau DuMoulin LLP
  • Canada
  • April 21 2014

An Alberta court has rejected a Chaoulli-like challenge to the Province's statutory prohibition on private health insurance. However, unlike Chaoulli

Recent developments in the debate over private health care in British Columbia
  • Fasken Martineau DuMoulin LLP
  • Canada
  • November 9 2012

Legal proceedings that are currently underway in the British Columbia Supreme Court raise important issues about the constitutionality of restrictions on Canadians’ ability to pay for medically necessary health care services

Not all insurer medical exams are consented equal: the consent requirement in Tort Defence Medicals vs. AB Medical Assessments
  • Miller Thomson LLP
  • Canada
  • July 30 2012

Insurer medical examinations and assessments are a vital tool in accident benefits adjusting and in the defence of any personal injury law suit

US Supreme Court’s decision on Obamacare could impact shared spending in Canada
  • Dentons
  • Canada, USA
  • June 28 2012

On June 28, 2012, the Supreme Court of the United States upheld the Constitutionality of the Patient Protection and Affordable Care Act, being health care legislation commonly referred to as “Obamacare”

Slauenwhite v. Keizer
  • Harper Grey LLP
  • Canada
  • April 17 2012

The Nova Scotia Court of Appeal upheld a decision finding that the provisions of the Nova Scotia Health Services and Insurance Act permit the government to pursue nursing home care costs from injuries arising from a motor vehicle action by way of subrogated action

Rosenhek v. Ontario
  • Harper Grey LLP
  • Canada
  • January 26 2012

A physician’s application for judicial review of the decision of the Ministry of Health and Long Term Care “andor” the general manager of Ontario Health Insurance Plan (OHIP) denying him payment for approximately $250,000.00 for medical services billed in 2002, 2003, and 2004 was set aside on the basis of delay

Kusnierz v. Economical Mutual Insurance Company (Ontario Court of Appeal decision released on December 23, 2011)
  • Borden Ladner Gervais LLP
  • Canada
  • January 4 2012

On December 23, 2011, the Ontario Court of Appeal brought clarity to the long debated issue of how catastrophic impairments should be determined for seriously injured individuals whose injuries do not fall under one of the six “specific” categories under subsection 2(1.1) of the Statutory Accident Benefits Schedule Accidents on or after November 1, 1996 3 (“SABS”

Intention not required defamation coverage under a CGL: British Columbia Medical Association v. Aviva Insurance 2011 BCSC 1399
  • Alexander Holburn Beaudin + Lang
  • Canada
  • November 2 2011

In the recent decision of British Columbia Medical Association v. Aviva Insurance Company of Canada 2011 BCSC 1399 the Court addressed the duty to defend in the context of coverage for a defamation claim under a CGL policy and the right of an insurer to appoint and instruct defence counsel