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The Supreme Court’s Decision in Livent: a Framework for Deciding Auditor’s Negligence Cases
  • McCarthy Tétrault LLP
  • Canada
  • March 9 2018

In its much anticipated decision in Deloitte & Touche v. Livent Inc. (Receiver of), the Supreme Court of Canada has considerably reduced the damage


The Supreme Court of Canada confirms the large and liberal approach in interpreting the bodily injury “suffered in an accident”
  • McCarthy Tétrault LLP
  • Canada
  • April 4 2017

The Automobile Insurance Act (the “Act”) in Québec provides that where bodily injury was suffered in an accident, meaning any event in which damage is


This week at the SCC (20082013)
  • McCarthy Tétrault LLP
  • Canada
  • August 20 2013

The Supreme Court of Canada has dismissed an application for leave to appeal the decision of the B.C. Court of Appeal in The Los Angeles Salad


CRA officials may be liable for negligent investigation
  • McCarthy Tétrault LLP
  • Canada
  • July 17 2013

In an interesting new judgment released yesterday, the Ontario Court of Appeal refused to strike out a claim involving allegations of negligent


This week at the SCC
  • McCarthy Tétrault LLP
  • Canada
  • December 9 2012

The Supreme Court of Canada released one decision this week of interest to Canadian businesses and professions.


What does a CGL policy cover after progressive homes?
  • McCarthy Tétrault LLP
  • Canada
  • September 30 2012

The decision of the Supreme Court of Canada in Progressive Homes Ltd. v. Lombard General Insurance Co of Canada is a seminal decision with respect to the application of CGL policies to the construction industry.


SCC to determine whether provincial workplace safety legislation bars negligence claims for deaths and accidents at sea
  • McCarthy Tétrault LLP
  • Canada
  • June 6 2012

Newfoundland (Workplace Health, Safety and Compensation Commission) v. Ryan Estate will provide an opportunity for the Supreme Court of Canada to reconsider the constitutional issues of interjurisdictional immunity and paramountcy since its landmark decision in Ordon Estate v. Grail.


BCCA adresses Tercon test for public policy and exemption clauses
  • McCarthy Tétrault LLP
  • Canada
  • March 19 2012

In its well-known decision in Tercon Contractors, the Supreme Court of Canada set out a three-part test for the enforceability of contractual exemption clauses.


"The elusiveness of a workable test": government liability for negligence
  • McCarthy Tétrault LLP
  • Canada
  • October 28 2011

The Supreme Court of Canada’s latest pronouncement on government liability for negligence has muddied the waters.


What does "accident" mean in a Canadian court? The interpretation of Article 17 of the Warsaw and Montreal Conventions in Canadian jurisprudence
  • McCarthy Tétrault LLP
  • Canada
  • October 28 2011

Airlines are subject to a unique blend of national and international laws.