Litigation updates

Canada

Reference re Environmental Management Act (British Columbia): one step forward for Trans Mountain
  • Canada
  • 09 July 2019

A recent British Columbia Court of Appeal decision is significant because it has removed (for now at least) one of the barriers to the development and construction of the Trans Mountain Expansion Project. It has also provided some clarity on the roles that the federal and provincial governments may properly play in the regulation of interprovincial pipelines and, more broadly, in the complex area of environmental regulation.

Alberta judge dismisses case against police officers on grounds of reasonable force
  • Canada
  • 02 July 2019

A Court of Queen's Bench of Alberta judge recently dismissed a case against police officers and the chief of the Edmonton Police Service in its entirety, concluding that the use of force by the defendants did not exceed what was reasonably necessary for the plaintiff's arrest. The case is significant for the court's analysis of forward-looking infrared video evidence, treatment of a prior judicial decision in related criminal proceedings and analysis of the physical force used by police officers to effect an arrest.

Throwing an egg at someone: Ontario Superior Court addresses hatching of new legal test
  • Canada
  • 25 June 2019

Imprecision in identifying the risks of driving influences how insurers assess the value of automobile insurance. A recent Ontario Superior Court of Justice decision reminds insurers and insured persons how difficult it can be to properly assess and categorise risk at the outset of an insurance relationship; however, it offers little guidance on how the modified causation test should be applied in future cases involving projectiles from motor vehicles.

Section B benefits require compliance with independent medical examination protocol
  • Canada
  • 18 June 2019

Can an insurer deny all Section B benefits if an insured agrees to attend an independent medical examination on conditions that conflict with the examining medical practitioner's protocol? The Alberta Court of Queen's Bench recently considered this question and answered in the affirmative. While the decision was specific to Section B claims, the broader takeaway is equally instructive: relying on the clear terms of a policy does not necessarily impugn the duty of utmost good faith.

Ontario Court of Appeal clarifies overlapping policies containing "other insurance clauses"
  • Canada
  • 11 June 2019

The Ontario Court of Appeal has clarified its application of the Supreme Court's decision in Family Insurance Corp v Lombard Canada Ltd in instances of overlapping insurance policies with "other insurance clauses" covering the same loss. The court determined that the analysis in instances of overlapping coverage comes down to whether there was overlapping coverage and whether the insurers intended to limit their obligation to contribute, and by what method and in what circumstances, in relation to the insured.


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