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Insurers who bully their customers will be held liable says court in Branco v American Home Assurance Company et al.

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We might be told that the “peace of mind” that we buy when purchasing insurance is priceless, but for Mr. Branco submitting a claim was just the beginning of an almost 15 year old battle that ended last month. Mr. Branco, a Canadian citizen who was originally from Portugal took a job at a mine site in Kyrgyzstan with a subsidiary of Cameco Corporation of Saskatchewan. He was an exemplary welder and employee with a perfect attendance record. Through his employment, Mr. Branco had insurance with American Home Assurance Company (AIG), which provided him with benefits similar to worker compensation…

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Highest to Date Damages Awarded for Sexual Harassment in OPT v Presteve Foods LTD

By Uncategorized

Recently the Human Rights Tribunal of Ontario (HRTO) released a landmark decision that sends a strong message to employers. [1] In the face of the respondent’s conduct, which the Tribunal called “unprecedented”, the complainants were awarded by far the largest general damages awards, ever given by a human rights tribunal in Canada. This award is almost three times greater than the highest order given by the HRTO and demonstrates that serious and persistent breaches of the Human Rights code will have substantial financial consequences. The decision will hopefully set a general trend of increased damage awards across the board. Presteve Foods, the…

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A Very Long Limitation Period for Unjust Enrichment Claims in McConnell v Huxtable

By Uncategorized

Under the Limitations Act, the time limit for bringing most types of proceedings is two years, but there are exceptions. A recent decision of the Court of Appeal has created a surprisingly long limitation period of ten years for unjust enrichment claims involving real property. That can have significant implications for former common law spouses long after their relationship has ended (and long after evidence related to the case has been lost).

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The Supreme Court Gives a Green Light to Summary Judgment in Hryniak v Mauldin

By Uncategorized

Under the Limitations Act, the time limit for bringing most types of proceedings is two years, but there are exceptions. A recent decision of the Court of Appeal has created a surprisingly long limitation period of ten years for unjust enrichment claims involving real property. That can have significant implications for former common law spouses long after their relationship has ended (and long after evidence related to the case has been lost).

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