Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses patent infringement.
Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
In the course of dealing with claims against the Catholic church, they resorted to their insurance company to ask for them to payout claims relating to the sexual abuse committed by priests in the church.
Aviva Insurance was one of the insurers of the Catholic church. They paid out a single claim and then denied the Catholic church for any future claims. As a result of this, the Catholic church developed a process by which it would voluntarily pay out claims made by survivors of sexual abuse against the church in order to mitigate the amount of damages that would be ultimately awarded.
After paying out several claims, the Catholic church then sued Aviva asking them to recompensate them for the amount of money they’d paid out.
However, the claims that were settled through the separate process set up by the church were not ordered to be paid out by the insurance company and were found to be voluntary payments exempt from the insurance contract.
Watch the video for more.
