This week at the SCC

This week, the Supreme Court of Canada’s spring session begins. Two appeals will be heard. The first is a challenge of ministerial discretion by a Tamil refugee. The other will determine the scope of automotive insurance provisions in Ontario.

April 16 – Federal – Kanthasamy v. Canada

Immigration: Jeyakannan Kanthasamy is a Tamil who was 17 when he arrived in Canada in 2010, when Sri Lanka was at war. He was denied refugee status by the Immigration and Refugee Board, after which he applied directly to the Minister of Citizenship and Immigration for permanent residency. Under the Immigration and Refugee Protection Act, the minister may not apply reasoning used to deny refugee status to also deny residency. The minister must also consider the best interests of children affected. Kanthasamy alleges the minister failed to properly interpret these provisions in denying him residency.

Read the Federal Court of Appeal’s decision

April 17 – Ontario – Zurich Insurance v. Chubb Insurance

Liability insurance: Someone driving a rented car was injured in a single-vehicle accident. That person had declined an optional death and dismemberment policy offered by Chubb Insurance, but nonetheless applied for statutory accident benefits from Chubb. Chubb said its policy was not a motor vehicle policy and therefore did not fall under Ontario’s “pay first, dispute later” system. Zurich Insurance, which covered the rental agency’s liability claims, paid the claim without prejudice and then sought reimbursement from Chubb. The SCC will determine whether Chubb should have paid.

Read the Federal Court of Appeal’s decision

Related news story:
Supreme Court of Canada grants Zurich Insurance leave to appeal ruling over Ontario auto ‘pay first dispute later’ system, Canadian Underwriter

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