We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results:1-10 of 31

Supreme Court of Canada will hear “Charter damages” case against Alberta’s Energy Regulator
  • Borden Ladner Gervais LLP
  • Canada
  • May 26 2015

On April 30, 2015, the Supreme Court of Canada granted leave to appeal to Jessica Ernst in her ongoing claim against the Energy Resources


Supreme Court of Canada on interjurisdictional immunity and paramountcy
  • Borden Ladner Gervais LLP
  • Canada
  • August 27 2013

Joseph Ryan and his brother David died when their fishing boat capsized off the coast of Newfoundland. Their widows and dependents received


Canada's top court clarifies the law on causation for negligence claims
  • Borden Ladner Gervais LLP
  • Canada
  • August 29 2012

In June, the Supreme Court of Canada released its ruling in Clements v. Clements, a decision in which the court provided some guidance on proving causation in cases of negligence.


Family members of apparent victims of crime cannot sue criminal investigators in negligence
  • Borden Ladner Gervais LLP
  • Canada
  • September 1 2011

On April 8, 2011, the Ontario Court of Appeal released its decision in Wellington v. Ontario.


Progressive Homes v. Lombard General Insurance Company of Canada
  • Borden Ladner Gervais LLP
  • Canada
  • April 5 2011

The Supreme Court of Canada’s decision in Progressive Homes v. Lombard General Insurance Company of Canada (September, 2010), now represents the leading decision on the issues of “property damage”, “occurrence” or “accident”, and the scope of work performed exclusions in commercial general liability (CGL) policies.


Negligent infliction of mental distress damages remain unavailable
  • Borden Ladner Gervais LLP
  • Canada
  • February 9 2011

The Supreme Court of Canada recently dismissed an appeal from the Ontario Court of Appeal’s decision Pieresferreira v. Ayotte, 2010 ONCA 384.


Ontario Court of Appeal closes door on claims of “negligent infliction of mental suffering”
  • Borden Ladner Gervais LLP
  • Canada
  • October 26 2010

The Ontario Court of Appeal has ruled that the tort of "negligent infliction of mental suffering" is not available in the employment context.


CGL update: more on the subcontractor exception and the "your work" exclusion
  • Borden Ladner Gervais LLP
  • Canada
  • September 9 2009

In the recent decision of the B.C. Court of Appeal in Progressive Homes Limited v. Lombard General Insurance Co (March, 2009), the majority upheld a lower court ruling that declared that Lombard had no duty to defend Progressive under four successive CGL policies as a result of four separate actions brought against Progressive by the B.C. Housing Management Commission (“B.C. Housing”).


Supreme Court recognizes tort of negligent investigation
  • Borden Ladner Gervais LLP
  • Canada
  • March 10 2008

On October 4, 2007, the Supreme Court of Canada released its decision in Hill v. Hamilton-Wentworth Regional Police Services Board.


No duty to warn of obvious and apparent danger that anyone would be aware of
  • Borden Ladner Gervais LLP
  • Canada
  • March 10 2008

Liability and property insurers will be interested to learn of the recent decision of the Ontario Superior Court of Justice in Tudor Inn Reception Hall (1992) Ltd v. Merzat Industries Ltd. where a products liability action brought by the plaintiff Inn was dismissed as against the defendants, the manufacturer and distributor of a product called "THE GREAT DESTROYER".