TITLE

SUPREME COURT DISALLOWS POLICY EXCLUSION FOR "FAULTY DESIGN."

PUB. DATE
December 2008
SOURCE
Canadian Underwriter;Dec2008, Vol. 75 Issue 12, p10
SOURCE TYPE
Trade Publication
DOC. TYPE
Article
ABSTRACT
The article discusses a court case wherein the plaintiff sought the validity of a policy exclusion for "faulty design" related to a damaged tunnel-boring machine. The Supreme Court of Canada overturned the Court of Appeal ruling that a design must take into account all foreseeable risks. The Court ordered the plaintiff to cover the costs on the ground that, although the machine's design proved to be defective, it was not faulty at the time the design was finalized.
ACCESSION #
36187398

 

Related Articles

  • Méis settlement membership case goes to Supreme Court. Narine, Shari // Alberta Sweetgrass;Sep2010, Vol. 17 Issue 10, p4 

    The article discusses the court case Cunningham v. Alberta involving the Métis settlement membership which goes to the Supreme Court of Canada in December 2010.

  • Canada's Supreme Court Upholds Guilt of Dad Who Performed Home Circumcision. Svoboda, J. Steven // Attorneys for the Rights of the Child Newsletter;Winter2012, Vol. 9 Issue 3, p22 

    The article reports on the move of the Supreme Court of Canada which has ruled on a home circumcision case that the father is guilty.

  • UPDATE.  // Canadian Native Law Reporter;2014, Vol. 2, preceding pv 

    The article reports that the Supreme Court of Canada has dismissed with costs on February 27, 2014 the application for leave to appeal to the Supreme Court from the decision of the Court of Appeal in the case Louis v. British Columbia.

  • Supreme Court hears landmark HIV case. McCann, Marcus // Capital Xtra (Ottawa);2/16/2012, Issue 240, p10 

    The article reports on the arguments presented in two cases at the Supreme Court of Canada on February 8, 2012 involving HIV nondisclosure.

  • Suits seek Y2K remediation costs. Kochaniec, Joanne Wojcik // Business Insurance;01/10/2000, Vol. 34 Issue 2, p42 

    Presents information on lawsuits against insurers seeking coverage for year 2000 date conversion remediation costs under the `sue-and-labor' clause of property insurance policies in the United States. Overview of the cases; Involved policyholders.

  • Policy clauses that limit lawsuits create pitfalls. Sharkey, Michael T.; Fleishman, Barry J. // Business Insurance;10/23/2006, Vol. 40 Issue 43, p18 

    The authors discuss the pitfalls of insurance policy clauses that may prevent insurance companies to bring lawsuit charges. First-party property insurance policies generally include so-called suit limitations clauses, which cap the time that a policyholder may bring a lawsuit against an...

  • I didn't know I was loaded. Woodard, Joe // Alberta Report / Newsmagazine;11/21/94, Vol. 21 Issue 49, p25 

    Reports on a subsequent case in which the Supreme Court of Canada's controversial decision in the Daviault case, which held that extreme intoxication could be a legitimate defense in criminal cases, has been applied. How Court of Queen's Bench Justice J.H. Mackenzie acquitted Carl Blair of...

  • Litigation privilege: transient or timeless? Blank v Canada (Minister of Justice). Goudkamp, James // International Journal of Evidence & Proof;Dec2007, Vol. 11 Issue 4, p322 

    The article presents an opinion on the Canada Supreme Court's judgment in the case entitled "Blank v. Canada (Minister of Justice)", regarding litigation privilege. The Supreme Court ruled that litigation privilege ends when the proceedings that gave rise to it are completed. The implications of...

  • Eaton v. Brant County Board of Education. Pothier, Dianne // Canadian Journal of Women & the Law;2006, Vol. 18 Issue 1, p121 

    In Eaton v. Brant County Board of Education, the Women's Court of Canada reverses the 1997 decision of the Supreme Court of Canada, which rejected a presumption of integrated education for disabled students. The Women's Court finds that although the Supreme Court did not actually invoke the...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics