Canadian Underwriter

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Court of Appeal for Ontario

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Supreme Court of Canada could consider whether alcohol consumption is relevant in dangerous driving trials

March 21, 2017 by Canadian Underwriter

Canada’s highest court may consider whether a jury, in deciding whether a person is guilty of the criminal offence of dangerous driving causing death, should consider whether the accused had been drinking alcohol, if the accused was not convicted of

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Supreme Court of Canada to hear appeal over duty of care owed by repair centre to auto thieves

March 10, 2017 by Canadian Underwriter

The Supreme Court of Canada recently announced it will hear an appeal from an auto repair centre that was successfully sued by a person who participated in the theft of a customer’s car from that repair centre and was injured

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Small firms wanting cyber coverage should “hold an inventory” of personally identifiable information: Chubb

March 3, 2017 Greg Meckbach, Associate Editor

Bodily injury and property damage exclusions in cyber insurance policies means the Internet of Things has “big implications” for organizations, while malware that existed unbeknownst to a user before binding a policy can mean a cyber incident is not covered,

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Supreme Court of Canada will not hear appeal from accident victim who tried to sue municipality

March 2, 2017 by Canadian Underwriter

A pedestrian who was hit by a car is not able to sue the City of Kitchener and the Regional Municipality of Waterloo, Ontario because the Ontario Limitations Act bars the plaintiff from adding the municipalities as defendants to an

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Supreme Court rules on admissibility of police drug recognition experts in criminal impaired driving trials

February 23, 2017 by Canadian Underwriter

An Ontario motorist charged with impaired driving is facing a third trial now that the Supreme Court of Canada has ruled that a judge did not have to hold a voir dire before admitting opinion evidence from a police drug

News InsuranceLegalLegislation / Regulation

Supreme Court of Canada will not hear appeal from municipality ruled negligent after cyclist breaks neck

February 16, 2017 by Canadian Underwriter

Canada’s highest court announced Thursday it will not hear an appeal from a municipality that was sued, under Ontario’s Occupiers Liability Act, by a cyclist who broke his neck after attempting to ride over an obstacle at an adventure park.

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Supreme Court of Canada hears appeal from auditing firm over $118-million judgement arising from Livent fraud

February 15, 2017 by Canadian Underwriter

If the Supreme Court of Canada upholds a Court of Appeal for Ontario ruling against Deloitte & Touche, corporate auditors “will be encouraged to resign an audit before they feel they can responsibly do so in order to minimize the

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Intact, Allstate disagree on whether accident victims “principally dependent” on policyholder

February 13, 2017 by Canadian Underwriter

The Supreme Court of Canada will not hear an appeal over an arbitration ruling in an auto accident benefits priority dispute, where insurers disagreed on whether a claimant was “principally dependent” on the owner of a vehicle. Court records indicate

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Intact must help defend pollution lawsuit due to exception in exclusion for “sudden and accidental” release

January 23, 2017 by Canadian Underwriter

Intact Insurance must participate in the defence of a lessee of commercial property – on a Grimsby, Ont. site formerly occupied by a gas station – which is being sued by a neighbouring property owner alleging that contaminants migrated to

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Courts should not use ‘second-hand lay evidence’ to support damage awards for psychological harm: IBC

January 4, 2017 by Canadian Underwriter

The question of whether a court can award compensation for psychological injuries in the absence of a medical diagnosis will be considered this month when the Supreme Court of Canada hears an appeal arising from an auto collision near Vancouver.

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Ottawa city bus driver had ‘elevated standard of care’ in fatal collision: Court

December 22, 2016 by Jason Contant

The City of Ottawa and an OC Transpo bus driver have lost their appeal of a ruling that the bus driver was 20% liable, for a fatal collision, with a vehicle driven by an alcohol-impaired driver who ran a red

News CatastrophesInsuranceLegal

Court denies replacement value coverage on fire claim after owners plan to build larger structure on same Ottawa site

December 20, 2016 by Canadian Underwriter

In a fire insurance claim, the courts recognize that “the need to rebuild premises which more closely resembled the original” is critical in triggering coverage for replacement value rather than actual cash value, Dutton Brock LLP suggested in a bulletin