Trial Lawyers Association of British Columbia v. Royal & Sun Alliance Insurance Company of Canada, 2021 SCC 47

JurisdictionFederal Jurisdiction (Canada)
JudgeWagner, Richard; Moldaver, Michael J.; Karakatsanis, Andromache; Côté, Suzanne; Brown, Russell; Rowe, Malcolm; Kasirer, Nicholas
Neutral Citation2021 SCC 47
Citation2021 SCC 47
Date18 November 2021
CourtSupreme Court (Canada)
Docket Number38949
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24 practice notes
  • COURT OF APPEAL SUMMARIES (February 19 – February 23)
    • Canada
    • LexBlog Canada
    • March 3, 2024
    ...Co. (1996), 30 O.R. (3d) 257 (C.A.), Trial Lawyers Association of British Columbia v. Royal & Sun Alliance Insurance Company of Canada, 2021 SCC 47, Parlee v. Pembridge Insurance Co., 2005 NBCA 49, San Diego Federal Credit Union v. Cumis Ins. Society Inc.,162 Cal. App. 3d 358 (1984), Foremo......
  • COURT OF APPEAL SUMMARIES (DECEMBER 18-22)
    • Canada
    • LexBlog Canada
    • December 23, 2023
    ...Insurance Act, R.S.O. 1990, c. I.8, Trial Lawyers Association of British Columbia v. Royal & Sun Alliance Insurance Company of Canada, 2021 SCC 47, Colistro v. Tbaytel, 2019 ONCA 197, leave to appeal refused, [2019] S.C.C.A. 173 Boal v. International Capital Management Inc., 2023 ONCA 840 K......
  • Specific Performance: Discretionary Defences and Considerations that Affect Discretion
    • Canada
    • Irwin Books The Law of Equitable Remedies - Third edition
    • November 18, 2023
    ...of Canada , [1991] 2 SCR 50 at 57. See also Trial Lawyers Association of British Columbia v Royal & Sun Alliance Insurance Co of Canada , 2021 SCC 47 [ Trial Lawyers ]. THE LAW OF EQUITABLE REMEDIES 440 the distinction between shield and sword cannot be maintained and convey the impression ......
  • Table of cases
    • Canada
    • Irwin Books The Law of Equitable Remedies - Third edition
    • November 18, 2023
    ...2020 BCSC 1524 ......................368 Trial Lawyers Association of British Columbia v Royal & Sun Alliance Insurance Co of Canada, 2021 SCC 47 ................................. 439, 443 Trident General Insurance Co v McNiece Bros Pty Ltd (1988), 165 CLR 107, 80 ALR 574, 62 ALJR 508 (HCA)......
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23 cases
  • Canadian Frontline Nurses v. Canada (Attorney General),
    • Canada
    • Federal Court (Canada)
    • January 23, 2024
    ...bad faith or lacked transparency: Trial Lawyers Association of British Columbia v Royal & Sun Alliance Insurance Company of Canada, 2021 SCC 47 at para 37; Laurentian Pilotage at para [183] While the Respondent points to Nagle’s history of prior misbehaviour, the clean hands doct......
  • 2024 ONCA 145,
    • Canada
    • January 1, 2024
    ...that might void coverage: Trial Lawyers Association of British Columbia v. Royal & Sun Alliance Insurance Company of Canada, 2021 SCC 47, 463 D.L.R. (4th) 477, at para. 238 Certain of the Primary Insurer appellants have agreed to sign the DRA but some of the Excess Insurers have not. Th......
  • Loblaw Companies Ltd v Royal & Sun Alliance Insurance Company of Canada,
    • Canada
    • Court of Appeal (Ontario)
    • February 27, 2024
    ...that might void coverage: Trial Lawyers Association of British Columbia v. Royal & Sun Alliance Insurance Company of Canada, 2021 SCC 47, 463 D.L.R. (4th) 477, at para. 238 Certain of the Primary Insurer appellants have agreed to sign the DRA but some of the Excess Insurers have not. Th......
  • Armstrong v Gula,
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • June 19, 2024
    ...rights that the promise affects: Trial Lawyers Association of British Columbia v Royal & Sun Alliance Insurance Company of Canada, 2021 SCC 47 at para 24; Jelonek at para 65 Waiver of a legal right requires (1) full knowledge of the right and (2) an unequivocal and conscious intention t......
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2 firm's commentaries
  • COURT OF APPEAL SUMMARIES (February 19 – February 23)
    • Canada
    • LexBlog Canada
    • March 3, 2024
    ...Co. (1996), 30 O.R. (3d) 257 (C.A.), Trial Lawyers Association of British Columbia v. Royal & Sun Alliance Insurance Company of Canada, 2021 SCC 47, Parlee v. Pembridge Insurance Co., 2005 NBCA 49, San Diego Federal Credit Union v. Cumis Ins. Society Inc.,162 Cal. App. 3d 358 (1984), Foremo......
  • COURT OF APPEAL SUMMARIES (DECEMBER 18-22)
    • Canada
    • LexBlog Canada
    • December 23, 2023
    ...Insurance Act, R.S.O. 1990, c. I.8, Trial Lawyers Association of British Columbia v. Royal & Sun Alliance Insurance Company of Canada, 2021 SCC 47, Colistro v. Tbaytel, 2019 ONCA 197, leave to appeal refused, [2019] S.C.C.A. 173 Boal v. International Capital Management Inc., 2023 ONCA 840 K......
3 books & journal articles
  • Specific Performance: Discretionary Defences and Considerations that Affect Discretion
    • Canada
    • Irwin Books The Law of Equitable Remedies - Third edition
    • November 18, 2023
    ...of Canada , [1991] 2 SCR 50 at 57. See also Trial Lawyers Association of British Columbia v Royal & Sun Alliance Insurance Co of Canada , 2021 SCC 47 [ Trial Lawyers ]. THE LAW OF EQUITABLE REMEDIES 440 the distinction between shield and sword cannot be maintained and convey the impression ......
  • Table of cases
    • Canada
    • Irwin Books The Law of Equitable Remedies - Third edition
    • November 18, 2023
    ...2020 BCSC 1524 ......................368 Trial Lawyers Association of British Columbia v Royal & Sun Alliance Insurance Co of Canada, 2021 SCC 47 ................................. 439, 443 Trident General Insurance Co v McNiece Bros Pty Ltd (1988), 165 CLR 107, 80 ALR 574, 62 ALJR 508 (HCA)......
  • GOOD FAITH NOT GOOD FOR CONSISTENCY: IRRECONCILABLE RESULTS IN WASTECH AND CALLOW.
    • Canada
    • University of British Columbia Law Review Vol. 55 No. 2, November 2022
    • November 1, 2022
    ...misrepresentation). Contra Trial Lawyers Association of British Columbia v Royal & Sun Alliance Insurance Company of Canada, 2021 SCC 47 (SCC), at para 21; Krish Maharaj, "Trial Lawyers Assn. of British Columbia v. Royal & Sun Alliance Insurance Co. of Canada: Changes to Promissory ......

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