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Whiten V Pilot Insurance Co
''Whiten v Pilot Insurance Co'', 2002 SCC 18, 0021 S.C.R. 595 is a leading Supreme Court of Canada decision on the availability of punitive damages in contract. The case related to the oppressive conduct of an insurance company in dealing with the policyholders' claim following a fire. According to the majority, " is was an exceptional case that justified an exceptional remedy." Background On January 18, 1994, the Whitens discovered a fire in their home in Haliburton County, Ontario. The family fled their home in the night wearing only their pajamas, and one member of the family suffered serious frostbite to his feet. The fire destroyed the Whiten's home, possessions, and resulted in the deaths of their three cats.''Whiten v. Pilot Insurance Co.''2002 SCC 18 (CanLII) 0021 SCR 595, at para 2. The family rented a small cottage nearby and received a single payment of $5,000 from the Pilot Insurance Company for living expenses, and subsequently cut off support for the family.''Whit ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ...
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Ontario Court Of Appeal
The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Society of Ontario and the Divisional Court of the Ontario Superior Court of Justice. Description The Court is composed of 22 judicial seats, in addition to one or more justices who sit supernumerary. They hear over 1,500 appeals each year, on issues of private law, constitutional law, criminal law, administrative law and other matters. The Supreme Court of Canada hears appeals from less than 3% of the decisions of the Court of Appeal for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario. Among the Court of Appeal's most notable decisions was the 2003 ruling in ''Halpern v Canada (AG)'' that found defining marriage as between one man and one woman to violate Section 15 of th ...
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Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from t ...
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List Of Supreme Court Of Canada Cases (McLachlin Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada from the appointment of Beverley McLachlin as Chief Justice of Canada to her retirement in 2017. 2000–2004 2005–2009 2010–2017 See also * List of notable Canadian Courts of Appeals cases A select number of decisions from the Courts of Appeal have proven to be the leading case law in a number of fields and have subsequently been adopted across all provinces, or else they are famous decisions in their own right. Most frequently the ... {{Supreme Court of Canada (2000-present) ...
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Hill V Church Of Scientology Of Toronto
''Hill v Church of Scientology of Toronto'' February 20, 1995- July 20, 1995. 2 S.C.R. 1130 was a libel case against the Church of Scientology, in which the Supreme Court of Canada interpreted Ontario's libel law in relation to the Canadian Charter of Rights and Freedoms. After consideration, the Supreme Court of Canada determined that it would not follow the actual malice standard set forth in the famous United States Supreme Court case of ''New York Times Co. v. Sullivan'', 376 U.S. 254 (1964). Overview On 17 September 1984 Morris Manning, a lawyer working for the Church, and representatives of the Church of Scientology held a press conference on the courthouse steps in Toronto. Manning, wearing his barrister's gown, read from and commented upon allegations in a notice of motion by Scientology, intending to commence criminal contempt proceedings against a crown attorney, Casey Hill. The motion alleged Hill had misled a judge and had breached orders sealing certain documents ...
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Court Of Appeal For Ontario
The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Society of Ontario and the Divisional Court of the Ontario Superior Court of Justice. Description The Court is composed of 22 judicial seats, in addition to one or more justices who sit supernumerary. They hear over 1,500 appeals each year, on issues of private law, constitutional law, criminal law, administrative law and other matters. The Supreme Court of Canada hears appeals from less than 3% of the decisions of the Court of Appeal for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario. Among the Court of Appeal's most notable decisions was the 2003 ruling in ''Halpern v Canada (AG)'' that found defining marriage as between one man and one woman to violate Section 15 of th ...
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Louis LeBel
Louis LeBel (born November 30, 1939) is a former puisne justice of the Supreme Court of Canada. He served on the Court from 2000 to 2014. LeBel was born in Quebec City. He is the son of lawyer Paul LeBel, Q.C. He went to school at the Collège des Jésuites, graduating with a BA in 1958. LeBel earned his law degree at Université Laval in 1962 and went on to get an LL.M from the University of Toronto in 1966. He was a top student, winning the Governor General's medal, the Lieutenant General's medal and the Tessier silver medal. He was called to the bar in 1962 and practised in Quebec City in several firms until 1984. During this period he taught at the University of Ottawa and Université Laval. On June 28, 1984, he was appointed directly to the Quebec Court of Appeal. He stayed on the Court until he was appointed by Jean Chrétien to the Supreme Court in 2000. He is married to Louise Poudrier since August 28, 1965. His wife is also a lawyer and taught at Université Laval u ...
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Ian Binnie
William Ian Corneil Binnie (born April 14, 1939) is a former puisne justice of the Supreme Court of Canada, serving from January 8, 1998 to October 27, 2011. Of the justices appointed to the Supreme Court in recent years, he is one of the few appointed directly from private practice. On his retirement from the Court, he was described by ''The Globe and Mail'' as "arguably the country's premier judge", by '' La Presse'' as "probably the most influential judge in Canada of the last decade" and by the ''Toronto Star'' as “one of the strongest hands on the court.” Personal life and career as lawyer Justice Binnie was born in Montreal, Quebec. He graduated from Trinity College School in 1957 and McGill University in 1960, where he was the News Editor of the ''McGill Daily'', a producer and writer of the ''Red and White Revue'', and a member of the Scarlet Key Honor Society. He then went on to study law at Pembroke College, Cambridge University (graduating with an LL.B in 1963 an ...
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John I
John I may refer to: People * John I (bishop of Jerusalem) * John Chrysostom (349 – c. 407), Patriarch of Constantinople * John of Antioch (died 441) * Pope John I, Pope from 523 to 526 * John I (exarch) (died 615), Exarch of Ravenna * John I of Naples (died c. 719) * John of Abkhazia (ruled 878/879–880) * John I of Gaeta (died c. 933) * John I Tzimiskes (c. 925 – 976), Byzantine Emperor * John I of Amalfi (died 1007) * John I of Ponthieu (c. 1147 – 1191) * John I (archbishop of Trier) (c. 1140-1212), Archbishop of Trier from 1190 to 1212 * John of England (1166–1216), King of England, Lord of Ireland, Duke of Normandy and Aquitaine and Count of Anjou * John I of Sweden (c. 1201 – 1222) * John of Brienne (c. 1148 – 1237), king of Jerusalem * John I of Trebizond (died 1238) * John I of Dreux (1215–1249) * John I of Avesnes (1218–1257), Count of Hainaut * John of Brunswick, Duke of Lüneburg (c. 1242–1277) * John I, Count of Blois (died 1280) * John I, Duke of ...
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Ontario Court Of Justice
The Ontario Court of Justice is the provincial court of record for the Canadian province of Ontario. The court sits at more than 200 locations across the province and oversees matters relating to family law, criminal law, and provincial offences. Jurisdiction This court is subordinate in relationship to the "superior" courts. The phrase "provincial court" or "territorial court" is often used to mean a lower court whose decisions can be reviewed by a superior court. Decades ago, they were managed at the local municipal level. The Ontario Court of Justice is a division of the Court of Ontario. The other division of the Court of Ontario is the Superior Court of Justice. Until 1999, the Ontario Court of Justice was known as the Ontario Court (Provincial Division). Family law Family law cases deal with matters of custody, access and support, child protection so long as these are not incidental of or were not previously a part of a divorce application. Cases are heard by a ...
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Punitive Damages
Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will receive all or some of the punitive damages in award. Punitive damages are often awarded if compensatory damages are deemed an inadequate remedy. The court may impose them to prevent undercompensation of plaintiffs and to allow redress for undetectable torts and taking some strain away from the criminal justice system. Punitive damages are most important for violations of the law that are hard to detect. However, punitive damages awarded under court systems that recognize them may be difficult to enforce in jurisdictions that do not recognize them. For example, punitive damages awarded to one party in a US case would be difficult to get recogn ...
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Insurance Fraud
Insurance fraud is any act committed to defraud an insurance process. It occurs when a claimant attempts to obtain some benefit or advantage they are not entitled to, or when an insurer knowingly denies some benefit that is due. According to the United States Federal Bureau of Investigation, the most common schemes include premium diversion, fee churning, asset diversion, and workers compensation fraud. Perpetrators in the schemes can be insurance company employees or claimants. False insurance claims are insurance claims filed with the fraudulent intention towards an insurance provider. Insurance fraud has existed since the beginning of insurance as a commercial enterprise.Manes, Alfred. "Insurance Crimes."
p. 34.
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