Keyword
duty of care
Brokerage E&O 101: How to win lawsuits against evasive clients
July 27, 2022 by David GambrillTaking notes and attaching them to a client’s file as part of an everyday business practice allowed a veteran broker at Wyatt Dowling Insurance Brokers to win a lawsuit launched by her client over two cars that burned up in…
Your drunk client arrives home safely. Why your exposure does not end there
January 24, 2019 by Jason ContantSocial hosts owe a duty of care beyond the time when an intoxicated guest returns home safely, the Court of Appeal for Ontario has ruled in a recent decision. In more intimate settings, there is an enhanced risk, and therefore…
Supreme Court of Canada could hear appeal of lawsuit involving auditors’ duty of care to non-shareholder lenders
May 29, 2017 by Canadian UnderwriterCanada’s highest court will decide June 1 whether it will hear an appeal from a major auditing and accounting firm that could face a trial this fall in a class action lawsuit filed by several banks over the bankruptcy in…
Do repair centres owe a duty of care to car thieves?
March 10, 2017 by Canadian UnderwriterThe 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…
Donoghue v. Stevenson
December 8, 2016 Rocco Neglia, Vice-President, Claims, Economical InsuranceHow a snail in a bottle helped set the precedent of negligence and the duty of care
Bill clarifying when Ontario trail users willingly assume all risks passes third reading
June 2, 2016 by Canadian UnderwriterA bill that would “clarify the standard of care” owed to users of trails in Ontario passed third reading Wednesday, paving the way for the legislation to receive royal assent. Bill 100, the Supporting Ontario’s Trails Act, was the subject…
Court finds Ontario municipality breached duty of care under Occupiers’ Liability Act in operation of mountain bike park
May 19, 2016 by Canadian UnderwriterAn Ontario municipality is liable, under the province’s Occupiers’ Liability Act, for injuries that rendered a cyclist a quadriplegic after he fell while riding over a teeter-totter-type obstacle at a mountain bike park, the provincial appeal court has ruled. In…