McDonald

Question 1

McDonald - Federal parliament exclusive legislative authority

Answer 1

regulation of trade and commerce; banking; taxation; naturalization and aliens; bankruptcy and insolvency; criminal law

Question 2

McDonald - Provincial legislature exclusive legislative authority

Answer 2

incorporation of companies with provincial objects; property and civil rights in the province; all matters of local or private nature in the province

Question 3

McDonald - Citizens Insurance Co. v. Parsons

Answer 3

company argued Fire Act was ultra vires because it related to regulation of trade and commerce and deprived status and capacity of federal company; privy said intra vires because federal authority doesnt include power to regulate contracts within a single province

Question 4

McDonald - Insurance reference case

Answer 4

required all companies except ones operating in single province to obtain federal license; ultra vires beacasue federal regulation of trade and commerce did not extend to licensing a system of a particular trade in which Canadians would otherwise be free to engage in the provinces

Question 5

McDonald - Why ICBC auto was intra vires

Answer 5

companies said insurance was trade and commerce; appeal denied

Question 6

McDonald - Focus of federal solvency regulation

Answer 6

conditions for companies to enter business; reports relating to financial condition; controls over investments, asset and reserve calculations; protecting policyholder interests

Question 7

McDonald - Provincial legislation contract matters

Answer 7

contents of the policy; insurable interst; contract taking effect; payment of premiums; duty to disclose; incontestability; reinstatement; designation of benificiaries

Question 8

McDonald - Provincial legislation transaction matters

Answer 8

licensing of agents; unfair practices; claims procedures

Question 9

McDonald - Minister considers following when issuing patent to incorporate

Answer 9

nature and sufficiency of financial resources; soundness of business plans; business record and experience of applicants; competence and experience of managers; if incorporation is in interest of the financial system; if foreign, CDN insurers will be treated as favorably as the foreign insurer in its domestic market