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The latest in insurance bad faith claims
November 5, 2020
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MT Insurance Law Blog
A bad faith claim against an insurer may result in liability beyond the policy limit. Where a plaintiff establishes that its insurer has responded to a claim in a manner that is offensive, reprehensible, or high-handed, the insurer may be...
Pension plan regulatory relief and COVID-19 relief measures: An update
November 2, 2020
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A.M. Pension Blog
The author would like to acknowledge the contributions of Madison Derraugh, Student-at-law, in the writing of this update. In this summary, we provide an update to the end of October 2020 on COVID-19 relief measures in respect of registered pension...
M&A and cybersecurity – top nine ways to mitigate risk through due diligence
October 28, 2020
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MT Cybersecurity Blog
The authors would like to acknowledge the contribution of Iain Paterson, Chief Executive Officer at Cycura, a global team of leading cybersecurity experts headquartered in Toronto, Ontario. While the COVID-19 pandemic[1] is by no means over, increasing M&A activity and...
40% of data breach records insufficient – Canadian Privacy Commissioner releases findings on data breach register inspections
October 5, 2020
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MT Cybersecurity Blog
As the Canadian Office of the Privacy Commissioner (“OPC”) signaled it would do at the end of 2019, it completed a targeted investigation of data breach registers at a select number of organizations. The OPC released has now released a...
Jacobson Estate: Testamentary intentions v. strict compliance
September 24, 2020
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MT Estate Litigation Blog
The Supreme Court of British Columbia recently released an important decision regarding the curative powers of section 58 of the Wills, Estates and Succession Act, SBC 2009, c 13 (“WESA”) with respect to the validity of certain gifts. Jacobson Estate...
The FCA test case: Assessing its impact on COVID-19 business interruption coverage in Canada
September 17, 2020
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MT Insurance Law Blog
The High Court of England and Wales released its decision in a much-anticipated test case on September 15, 2020. The case was brought by the United Kingdom’s Financial Conduct Authority (the “FCA”). The FCA brought the proceeding against a number...
British Columbia Court of Appeal upholds certification of data breach class action
September 14, 2020
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MT Cybersecurity Blog
Following in the footsteps of Jones v. Tsige from the Court of Appeal for Ontario in 2012, the recent British Columbia Court of Appeal decision in Tucci v. Peoples Trust Co. (2020 BCCA 246) appears to be solidifying the future...
Ontario government launches consultations on establishing provincial privacy regime for private sector
August 28, 2020
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MT Cybersecurity Blog
On August 13, 2020, the Ontario Government (the “Government”) launched consultations on establishing provincial privacy legislation for the private sector, likely including not-for-profits and charities. The collection, use, and disclosure of personal information is currently governed by federal legislation, the...
Bill 21: Electronic wills in British Columbia
August 27, 2020
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MT Estate Litigation Blog
Following the surge of the COVID-19 Pandemic, the BC Legislature undertook a myriad of proactive measures to assist the general public. One such step from an estate planning perspective was the introduction of Bill 21: Wills Estates and Succession Amendment Act,...
Supreme Court of Canada to consider dichotomy between policy and operational decisions in negligence claims
August 24, 2020
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MT Insurance Law Blog
The Supreme Court of Canada has recently granted leave to appeal the decision of the B.C. Court of Appeal in Marchi v Nelson (City of), 2020 BCCA 1. The key question on appeal is whether certain acts or omissions on...
Disclaimer
This blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of this blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.