Topic
Legal
How landmark voyeurism ruling impacts insurers
February 22, 2019 by Greg MeckbachIf your client is sued for breach of privacy, the judge could look to last week’s voyeurism ruling by the Supreme Court of Canada for guidance, a privacy lawyer suggests. In R. v. Jarvis, released Feb. 14, the Supreme Court…
Are cannabis edibles a “drug”? What adjusters should be asking
February 22, 2019 by Jason ContantClaims adjusters’ questions should address potential policy wording dilemmas related to the upcoming legalization of cannabis edibles later this year, a lawyer told Canadian Underwriter recently. For example, consider the following question in the context of edible cannabis (or even…
Next step for $2-billion building collapse lawsuit against Loblaws
February 21, 2019 by Greg MeckbachA $2-billion class-action lawsuit against Canada’s largest food retailer could reach the Supreme Court of Canada. The bodily injury lawsuit against Loblaw Companies Limited was filed in 2015 in Ontario by victims of a 2013 commercial building collapse in Bangladesh.…
AB case generates massive confusion around “but for” causation test
February 21, 2019 by Jason ContantA recent Ontario accident benefits case has highlighted ongoing confusion about how to identify and apply the proper causation test — including the contentious “but for” clause. The case revolves around whether the “but for” test of causation or the…
A driver is convicted of assault after a collision. Is the vehicle’s owner vicariously liable for the crash?
February 13, 2019 by Greg MeckbachThe registered owner of a pickup truck could be held liable for injuries to an accident victim even though the at-fault driver of the pickup truck was convicted of assault as a result of a collision, the Court of Appeal…
Lawsuit over flooding, catch-basin access could reach Supreme Court
February 11, 2019 by Greg MeckbachA property owner who was sued for more than $100,000 over laneway flooding is hoping to appeal to the Supreme Court of Canada. Marilyn Marks owns commercial property in the community of Tottenham, Ont., about 40 kilometres north of Toronto…
Top court won’t hear appeal of controversial waiver decision
February 7, 2019 by Greg MeckbachA 2018 Court of Appeal for Ontario ruling on waivers, described as “great news” for liability insurers, is now final. The Supreme Court of Canada announced Thursday it will not hear an appeal of Schnarr v. Blue Mountain Resorts Limited,…
The changes to B.C. auto injury lawsuit rules that this review recommends
February 7, 2019 THE CANADIAN PRESSVICTORIA – A review of legal cases involving British Columbia’s public insurer says despite public perception, the agency isn’t lowballing claimants in its settlement offers. The review conducted by legal counsel in the Ministry of the Attorney General was released…
Prominent insurance defence lawyer named as judge
February 5, 2019 by David GambrillInsurance defence lawyer William S. Chalmers, managing partner at Hughes Amys LLP, has been appointed a judge of the Superior Court of Justice of Ontario in Toronto. Called to the Ontario Bar in 1987, Justice Chalmers practised law at Hughes…
What stopped this $800,000 subrogated pollution claim
February 4, 2019 by Greg MeckbachA subrogated claim could go off the rails if the client is bankrupt. The Supreme Court of Canada announced Thursday it will not hear a subrogation case involving Desjardins, which applied last year for leave to appeal Douglas v. Stan…
Should a LAT member be allowed to reconsider their own decision?
February 1, 2019 by Jason ContantNew amendments to rules surrounding the Licence Appeal Tribunal (LAT) in Ontario “have sent a dagger into the heart” of one insurance defence lawyer. Effective Feb. 7, 2019, Rule 18 of the LAT will be amended to allow, among other…
Client loses lawsuit arising from automatic policy renewal
January 31, 2019 by Greg MeckbachA motorcyclist who tried to sue his insurer for renewing his policy and deducting money from his account will not have his case heard before the Supreme Court of Canada. The top court announced Jan. 31 it has turned down…