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.

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