Graham Nesbitt

The appellant insurer sought to annul a comprehensive general liability policy issued to the respondent asbestos manufacturer, alleging the respondent failed to disclose material facts regarding the health risks of asbestos exposure (specifically, the Selikoff reports).

The Supreme Court of Canada dismissed the appeal, holding that the insured was not obliged to disclose these facts because the insurer was presumed to know them by virtue of their public character and notoriety.

The Court established that the standard for notoriety is that of a reasonably competent underwriter insuring similar risks in the industry, and that such an underwriter ought to have known of the serious asbestos-related health risks widely reported in North American media.

The appellant appealed a judgment of the Federal Court of Appeal which upheld the Trial Division's finding that the Federal Court lacked jurisdiction to hear a claim regarding a joint venture contract.

The Supreme Court of Canada dismissed the appeal, confirming that the Federal Court of Appeal was correct in its assessment of jurisdiction based on previous jurisprudence.

The employer claimed damages against two unions following an unlawful strike, alleging a violation of the no-strike clauses in their collective agreements.

The unions refused to appoint an arbitrator, arguing the claims were not grievances under the collective agreement or the Labour Code.

The Minister of Labour appointed an arbitrator who affirmed his jurisdiction, a decision upheld by the Superior Court but reversed by the Court of Appeal.

The Supreme Court of Canada allowed the appeal, holding that a claim for damages resulting from the violation of a collective agreement constitutes a grievance within the exclusive jurisdiction of the arbitrator.