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Legal

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Toronto van attack survivor deemed catastrophically injured

April 22, 2019 Paola Loriggio - THE CANADIAN PRESS

TORONTO – Aleksandra Kozhevnikova doesn’t remember being hit by the van that careened through north Toronto and mowed down pedestrians on a busy thoroughfare last April. Nor does the 92-year-old woman, one of the 16 injured who survived, want to

News InsuranceLegal

Can a Family Law order force someone to “insure” a vehicle?

April 22, 2019 by David Gambrill

Can a court order a cube van owner under the Family Law Act to “insure” a vehicle that is to be transferred over to an ex? No, the Supreme Court of British Columbia ruled recently. Sukhvir Singh Athwal and Jessie

News AdjustersClaimsInsuranceLegal

Condo flooding liability 101

April 18, 2019 by David Gambrill

You are the owner of a condo unit. The toilet in the condo unit above you overflows, causing water damage to your ceiling and floor. No, your upstairs neighbour does not have to reimburse you for your $1,000 insurance policy

News InsuranceLegal

Owner of deliberately burned Manitoba store ordered to repay

April 12, 2019 THE CANADIAN PRESS

WINNIPEG – A judge has ruled a fire that destroyed a hardware store in the western Manitoba town of Neepawa more than four years ago was deliberately set. The decision follows a lawsuit filed by the owner of the Home

News ClaimsLegalRisk

How this dry cleaner got sued over 50-year-old pollution

April 11, 2019 by Greg Meckbach

An Ottawa dry cleaner is liable for nearly $2 million in environmental clean-up costs resulting from spills that occurred at least 45 years ago, as a result of a Supreme Court of Canada ruling released Thursday. The top court’s ruling

News InsuranceLegal

Ontario city partly liable in collision that injured four

April 8, 2019 by Greg Meckbach

A recent Supreme Court of Canada decision means the City of Hamilton is partly liable in a motor vehicle bodily injury lawsuit because there was no painted stop line immediately before an intersection. On June 16, 2007, a vehicle driven

News InsuranceLegal

Judgement against Lloyd’s quashed in disputed claim over diamond eagle statue theft

April 8, 2019 THE CANADIAN PRESS

VANCOUVER – A protracted court battle over a gold, diamond-studded eagle statue has landed in favour of a major insurance company, which will now be allowed to challenge a claim over the treasure that was allegedly stolen in the Vancouver

News ClaimsInsuranceLegal

Does a business have to highlight a waiver of liability to a client?

April 4, 2019 by David Gambrill

A flood in an Alberta community centre flood has once again raised the legal issue of whether a claimant is obligated to read a commercial services contract thoroughly, or whether the defendant is obligated to highlight any waiver of liability

News LegalRiskTechnology

Cyber attack in Canada spawns $60 million lawsuit

March 29, 2019 By Colin Perkel - THE CANADIAN PRESS

TORONTO – As many as 200,000 people may have had their personal information stolen in a hack on servers at one of Ontario’s most popular casinos, a lawyer for the plaintiffs pressing a proposed class action argued on Thursday. However,

News InsuranceLegalRisk

Do your insureds understand a “material change in risk”?

March 29, 2019 by Jason Contant

It’s not necessary for an insurer to prove that an insured knew a change in risk was “material” to the carrier, the Supreme Court of British Columbia has ruled. In May 2014, Wawanesa Mutual Insurance Company voided a homeowner’s policy

News InsuranceLegal

Why this insurer does not have to pay additional living expenses for campground fees

March 29, 2019 by Greg Meckbach

An insurance company does not have to pay a flood victim the cost of living in a campground because that client had a pre-booked vacation trip, the British Columbia civil resolution tribunal has ruled. Patrick Strange took the Canadian Northern

News InsuranceLegal

How harassment lawsuit ruling affects insurers

March 28, 2019 by Greg Meckbach

Despite a recent ruling that harassment is not a free-standing tort in Ontario, corporate clients and their brokers still need to view harassment accusations as a serious liability risk. In Merrifield v. The Attorney General, released in 2017, Justice Mary Vallee