What is the limitation of recovery under a particular liability insurance policy?

Yukon, Canada


The following excerpt is from Postma v Horizon Helicopters Ltd., 2016 YKSC 15 (CanLII):

I note that there was no express or implicit intent by the legislature to limit recovery to the amount payable under the particular liability insurance policy. This is despite the recommendation contained in the Recommendations for Amendment to the Workers’ Compensation Act prepared by the Workers’ Compensation Act Review Panel dated April 2007. That report recommended that employers or workers be excluded from the definition of vehicle and that legal action should not be taken against other employers or workers. Thus, legislative silence in this case can be interpreted as indicating the legislature’s intention to not limit compensation. See Abella J. in Mobile 6 v. Ontario, 2008 SCC 12, at para. 42.

Other Questions


Is there any limitation of liability in the limitation of personal injury cases? (Yukon, Canada)
Does a party have the power to treat a statement in the particulars as a fact alleged in the pleading? (Yukon, Canada)
How have courts interpreted the meaning of the word “proceeding” in the context of the English Limitation Act? (Yukon, Canada)
Is there any case law supporting a limitation clause in a contract? (Yukon, Canada)
What is the limitation of a mother’s right to seek to relocate her elderly, disabled mother to a new home where P is living with her elderly grandmother? (Yukon, Canada)
What is the legal burden of establishing a duty of care? (Yukon, Canada)
Is a stay of proceedings a discretionary remedy? (Yukon, Canada)
What is the “but for” test in motor vehicle accident law? (Yukon, Canada)
Is there any limitation of liability in the limitation of personal injury cases? (Yukon, Canada)
What is the rule against collateral attack? (Yukon, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.