Canadian Appeals Monitor Information and Commentary on Upcoming and Recent Appeal Court Decisions

Tag Archives: insurance

The SCC Monitor (July 2016)

A Commentary on Recent Legal Developments by the Canadian Appeals Monitor

Posted in Charter of Rights, Civil Procedure/Evidence, Constitutional, Contracts, Insurance, Labour and Employment, The SCC Monitor

We may be into the lazy days of midsummer, but the Supreme Court of Canada (“SCC”) has been busy, releasing a number of important decisions in the areas of insurance, contract, labour & employment, constitutional, property, evidence and administrative law.

 

Judgment

Since our last SCC Monitor post, the SCC has released the following judgments of interest:… Continue Reading

This Week at the SCC (21/11/2014)

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in The SCC Monitor

This was a busy week at the Court, with the release of one oral decision, and eight leave-to-appeal rulings, all likely to be of interest to Canadian businesses and professionals.

The Court granted an oral decision in British Columbia Teachers’ Federation v. British Columbia Public School Employers’ Association, 2014 SCC 70.  The SCC reversed the ruling of the BCCA on the grounds that the lower court had failed to give adequate deference to an arbitrator’s interpretation of a collective agreement, and had failed to recognize the differences between the purposes underlying pregnancy benefits and parental benefits.… Continue Reading

This Week at the SCC (27/06/14)

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in The SCC Monitor

This has been a particularly busy week at the Supreme Court of Canada vis-à-vis cases likely to be of interest to Canadian businesses and professionals.  The Court issued two significant rulings, and refused leave to appeal in another seven cases.… Continue Reading

This Week at the SCC (16/05/14)

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in The SCC Monitor

This was a busy week at the Supreme Court of Canada, with numerous developments likely to be of interest to Canadian businesses.

A very significant labour law appeal — Saskatchewan Federation of Labour v. Saskatchewan, on appeal from the Saskatchewan Court of Appeal — was argued on May 16, 2014.  At issue was a Charter challenge to two pieces of provincial legislation.  The statutes had, respectively, (i) introduced restrictions on the ability of public sector workers who provide essential services to engage in strike activity, and (ii) changed existing provincial labour legislation to make it more difficult for unions … Continue Reading

This Week at the SCC (28/03/14)

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in The SCC Monitor

The Supreme Court of Canada denied leave to appeal from two cases of interest to Canadian businesses, particularly insurers.

The application for leave to appeal in Malhotra v. State Farm Fire and Casualty Company, 2013 ONCA 326 concerns two orders appointing an umpire under s. 128 of the Ontario Insurance Act. The dispute was in respect to five properties owned by the applicant, Ms. Malhotra, and insured by the respondent.

The applicant maintained that each property required a separate umpire be appointed but the Court of Appeal dismissed the appeal of the decisions appointing a single umpire for … Continue Reading

This Week at the SCC (15/11/2013)

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in The SCC Monitor

The Supreme Court of Canada released one judgment, and denied leave to appeal in three other cases, likely to be of interest to Canadian business this week.

In Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62, a unanimous Court issued a declaration of invalidity (suspended for 12 months) applicable to the Alberta Personal Information Protection Act (the “PIPA”).  It was determined that the PIPA‘s prohibition on striking union members videotaping and photographing individuals crossing a picket line interfered with the union’s freedom of expression rights under s-s. … Continue Reading