Topic
Legal
Why the court upheld Intact’s enforcement of a 2-year deadline to rebuild
February 20, 2020 by David GambrillA company that had its commercial building destroyed in a 2011 fire is not entitled to a $3-million payment from Intact Insurance to replace the building, because the company did not rebuild within the two-year time limit specified in a…
The breach from the throne
February 19, 2020 by Greg MeckbachFaulty toilet supply lines, often the source of six- and seven-figure water claims, are leading to subrogated claims against manufacturers, installers and others involved in the supply chain leading to your clients’ washrooms. The way a toilet works is that…
Boy Scouts seek bankruptcy protection following sexual abuse lawsuits
February 19, 2020 David Crary and Brady McCombs - THE ASSOCIATED PRESSThe Boy Scouts of America urged victims to come forward Tuesday as the historic, 110-year-old organization filed for bankruptcy protection in the first step toward creating a huge compensation fund for potentially thousands of men who were molested as youngsters…
Another way to wreck a condo: Water cooler leaks
February 18, 2020 by David GambrillIntact Insurance recently lost a subrogation case in B.C.’s small claims court because it couldn’t prove a cracked water bottle was the source of a water leak that caused $5,000 damage to the condo unit below. One moral of the…
End of road for vehicle occupant sued for negligent parenting
February 18, 2020 by Greg MeckbachA defendant in a negligent parenting lawsuit cannot make a liability claim under the auto policy of the vehicle in which he and his daughter were riding as passengers. The Supreme Court of Canada announced Feb. 13 it will not…
How does directors’ and officers’ vicarious liability work with franchise corporations?
February 14, 2020 by Greg MeckbachIf your clients are directors and officers of a company that licences its brand to franchisees, can those clients and the owner of the brand be vicariously liable for alleged wrongdoings on the part of franchisees? It depends in large…
Why Intact lost this court case over professional fees
February 13, 2020 by Jason ContantIf your client wants to be covered under a professional fees endorsement, must these fees be required by the insurer? The question was put to the Ontario Superior Court of Justice recently. Ontario Superior Court Justice David Edwards found that,…
Supreme Court of Canada could review ‘joint and several liability’ clause in surety bond
February 12, 2020 by Greg MeckbachThe Guarantee Company of North America wants to take a disputed claim on a 20-year-old performance bond to the Supreme Court of Canada. The top court announced Feb. 7 that The Guarantee is applying for leave to appeal HOOPP Realty…
How climate change may heat up your liability lines
February 7, 2020 by David GambrillLook for climate change to heat up Canada’s liability lines over the next 10 years, as lawsuits begin to fly against the alleged corporate perpetrators of greenhouse gas emissions. Climate liability is an emerging risk for Canadian property and casualty…
What brokers and trial lawyers think about ICBC’s new care-based model
February 7, 2020 by Jason ContantThe government of British Columbia has announced it will be “removing lawyers and legal costs from the system” to lower public auto insurance rates by about 20%, a move applauded by the province’s brokers association but panned by trial lawyers.…
Appeal court overturns controversial ruling on auto coverage arising from overseas accident
February 7, 2020 by Greg MeckbachA controversial 2019 court ruling — in which the Alberta Court of Queen’s Bench found that a client struck by a motorcycle in the Philippines is covered by Alberta’s family protection endorsement — has been reversed on appeal. “The SEF…
Does ‘material change in risk’ clause need better clarity?
February 3, 2020 by Greg MeckbachDespite Wawanesa’s recent legal victory in a coverage dispute in British Columbia, judges in that province appear to be struggling to interpret the statutory condition on material change in risk. Five years ago, Bob and Linda Schellenberg’s property in Chilliwack…