Erin J. Baker and Sarah C. Miller outline the main takeaways from Justice MacNaughton's decision in Parmar v Tribe Management Inc. that a mandatory vaccination policy in the workplace may not trigger constructive dismissal.
Read MoreThe “Resulting Damage” exception was the focus of the leading insurance coverage decision in Canada, Ledcor Construction Ltd v Northbridge Indemnity Insurance Co, 2016 SCC 37. What is the exception and how is it interpreted by Courts?
Read MoreIn reviewing the recent decision in Trial Lawyers Association of British Columbia v Royal & Sun Alliance Insurance Company of Canada, Robyn Graham delves into the concept of promissory estoppel. In an insurance context, estoppel addresses an insurer’s responsibility to honour its original coverage position, and aids in determining the grounds needed for the insurer to deny coverage.
Read MoreThe presence of balance within an insurance agreement is essential as it emphasizes a mutual agreement between both the insurer and the insured - not every loss can be insured and not every recovery is possible. Robyn Graham discusses a variety of key cases involving the requirement of fortuity.
Read MoreStemming from the decision made in Ledcor Construction Ltd. v Northbridge Indemnity Insurance Co., a new framework for interpreting exclusion clauses in insurance contracts came to life. Carsten Jensen breaks down how the framework can be applied to a variety of different cases.
Read MoreSEF 44 Coverage, also known as Family Protection Insurance Endorsements, is intended to provided coverage in circumstances where the at-fault party is uninsured, underinsured. What are 5 things you need to know about SEF 44 Coverage?
Read MoreIn a matter of pure law, Justice Jones developed a new test for voiding a retainer agreement for incapacity in Guardian Law Group v LS. The matter describes a very unique circumstance that explores what happens when a client is deemed to lack capacity to enter into a retainer agreement ahead of said capacity hearing.
Read MoreWith the widespread availability of COVID-19 vaccinations in Canada, employers are anxious to get their employees vaccinated and “back to normal,” employers are likely thinking about what they can do to return to pre-pandemic operations. The question then arises: can an employer require employees to get the COVID-19 vaccine? And, if an employee refuses, what options does the employer have?
Read MoreWhy are general damages for pain and suffering in Canada effectively capped? Maureen McCartney-Cameron traces the reason back to the "Damages Trilogy," three 1978 decisions from the Supreme Court Canada.
Read MoreCanadians will have a right to explanation and more transparency when subjected to automated decisions. But what does that really mean?
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