Dear Matt

I agree with Ger's assessment of the court's modern record in insurance cases and I would offer Iacobucci J's treatment of the subrogation issue in Somersall v Friedman [2002] 3 SCR 109 as a further example.

Best wishes
Charles

Professor Charles Mitchell
UCL Faculty of Laws

> On 14 Jan 2017, at 00:23, Gerard Sadlier <gerard.sadlier@gmail.com> wrote:
>
> Dear Matthew,
>
> I'm no Canadian lawyer and for that matter no scholar but for what
> it's worth I think the Supreme Court of Canada's decision in Whiten v
> Pilot Insurance Co [2002] SCC 18 is particularly important. I guess
> this will not be a popular view on this list but exemplary damages
> ought to be available in certain classes of contract, where the breach
> is sufficiently flagrent and disgraceful and the consequences of that
> breach have more than merely commercial consequences for the wronged
> party. (I suspect the person on the street might be more likely to
> agree with me on this than most lawyers.)
>
> More generally, I think the Supreme Court of Canada's caselaw on
> insurance contracts in recent decades has usually been progressive and
> valuable. I hesitate to pick out a couple of decisions because I'm not
> sufficiently familiar with the cases to necessarily identify how they
> fit together.
>
> Kind regards
>
> Ger
>
>> On 1/13/17, Harrington Matthew P. <matthew.p.harrington@umontreal.ca> wrote:
>> Dear Colleagues:
>>
>> I’m doing a short piece on the Canada Supreme Court and the law of contract
>> with a bit of an historical focus. I was wondering if you might be willing
>> to share with me what you consider the court’s most significant contracts
>> cases --- over the past 150 years ---- even if the case has been
>> overruled.
>>
>> Thanks
>>
>> Matt
>>
>> -------------------------------
>> Matthew P Harrington
>> Professeur
>> Faculté de droit
>> Université de Montréal
>> 514.343.6105
>> commonlaw.umontreal.ca
>> ------------------------------
>>
>>