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Canadian law is commonly learned through the examination of court decisions. Th is “case study” technique is intended to demonstrate not only the prevailing principles of law but also how these principles have developed over time. Taking this approach a step further, this paper demonstrates that the governing principles of Canadian constitutional law pertaining to federalism (i.e. the division of powers) can be discovered by studying Canadian court decisions on a discreet topic: namely, insurance law. While reviewing the fundamental principles of federalism analysis, this paper illustrates the important role that insurance has and continues to play as a focal point for developing constitutional law principles;
reminds readers that matters of public law are often decided on the basis of private law disputes; and examines the approach that Canadian courts have taken to federalism issues where the relevant subject matter (i.e. insurance) is not specifi cally itemized in the written text of the constitution.
