• Boliden Ltd. v. Liberty Mutual Insurance Co.: In the first
Canadian appellate court decision to interpret how a pollution exclusion in a D&O policy applied to a securities claim, the outcome surprised many and resulted in many insurers and policyholders re-examining their contractual wording.
Not exact matches
«Once you get a
decision like this, it's open season,» John Burns, the
Canadian lawyer who represented the group at a Moscow
appellate court, told The New York Times.
According to yesterday's news (see here for an article from the National Post), the government of New Brunswick will be asking the Supreme
Court of Canada to look into the status of its language laws as it appeals the decision of its appellate court upholding the decision of a provincial judge who excluded breath - sample evidence of a suspected impaired driver pursuant to s. 24 (2) of the Canadian Charter of Human Rights and Freedoms because his language rights had been violated (see R. v. Losier, 2011 NBCA 102 (CanLII)-
Court of Canada to look into the status of its language laws as it appeals the
decision of its
appellate court upholding the decision of a provincial judge who excluded breath - sample evidence of a suspected impaired driver pursuant to s. 24 (2) of the Canadian Charter of Human Rights and Freedoms because his language rights had been violated (see R. v. Losier, 2011 NBCA 102 (CanLII)-
court upholding the
decision of a provincial judge who excluded breath - sample evidence of a suspected impaired driver pursuant to s. 24 (2) of the
Canadian Charter of Human Rights and Freedoms because his language rights had been violated (see R. v. Losier, 2011 NBCA 102 (CanLII)-RRB-.
In no partiular order: last year's
decisions of
decisions of the SCC; some provincial
appellate decisions; your collegues; the Supreme
Court of Canada Law Review; the Advocates» Quarterly, the
Canadian Business Law Journal; Carswells Annual Review of Civil Litigation, the past year's «new» material that professors at the University of Manitoba law school will be adding to the their courses for the 2011 - 12 school year; some CLE papers from people you have reason to trust, and prayer to the diety - equivalent of your choice.
However, because it was decided by an
appellate court, it is likely to influence
decisions made under human rights legislation in all
Canadian jurisdictions, particularly those involving employer drug use policies in safety sensitive workplaces.
It is the first
appellate decision in Canada following a joint trial conducted by a
Canadian Court with a foreign
Court.
The
decision engages with the jurisprudence emanating from other
Canadian appellate courts, the U.K., and the U.S., regarding entitlement to such damages under survival of actions statutes.
The
decision strengthens
Canadian appellate courts» approach to favouring the enforcement of arbitration agreements — as a strong pro-arbitration policy.
Perhaps this means that what is needed is for some inventive counsel to convince an
appellate court to misuse an SCC
decision, as plaintiff's counsel did with Walker Estate in Resurfice; or, for a trial judge or
appellate court to accept, as I point out in the paper, that the SCC jurisprudence requires the conclusion that, in
Canadian negligence law, events may occur without having causes (and not just in Stoner, B.C.).