Topic
Legal
Cyclist loses bid to summon the Queen to court in auto insurance case
July 23, 2021 by David GambrillA B.C. cyclist injured in a car collision has lost his bid to demand an audience with Her Majesty Queen Elizabeth II in an effort to make his case against the province’s public auto insurer. In addition to seeking an…
Supreme Court of Canada sides with city over release for ‘claims of any kind or nature whatsoever’
July 23, 2021 by Greg MeckbachAs the late singer Prince said, forever is a mighty long time. While his 1984 tune “Let’s Go Crazy” is not about tort claims, a Supreme Court of Canada decision released Friday should serve as a reminder of the significance…
Why your clients should do an inspection before buying a home
July 21, 2021 by Greg MeckbachA couple who discovered a leaking bathtub after moving into their new home cannot get compensation from the sellers. A “reasonable inspection” would have revealed a water problem before Tyler and Keva Luscombe bought their home in 2020, the British…
The legal pitfalls of online and over-the-phone insurance applications
July 20, 2021 by Greg MeckbachA property insurer can be stuck paying out on a claim even though the client made a “material omission” on their insurance application, but the industry can mitigate this risk by being especially careful when taking applications over the phone…
Top court asked to create “new law” in waiver case involving insurer’s flip-flop on coverage
July 14, 2021 by Greg MeckbachCanadian law on estoppel or waiver could change if the Supreme Court of Canada rules against RSA in Trial Lawyers Association of British Columbia v. Royal and Sun Alliance Insurance Company of Canada, a Vancouver-based insurance lawyer suggested Tuesday. Estoppel…
Temple Insurance wins appeal in construction wrap-up dispute
July 12, 2021 by Greg MeckbachTemple Insurance Company has won its appeal of a 2020 Court of Queen’s Bench of Saskatchewan ruling in a disputed construction wrap-up liability claim. Temple now has to pay some (but not all) of the legal defence costs incurred by…
Why delivery company is liable for damage to parked car
July 9, 2021 by Greg MeckbachIf a commercial auto client is accused of causing damage to a third-party vehicle, the client could be harming its legal position if it fails to produce a statement from its own driver. United Parcel Service Canada Ltd. is on…
Internet kills idea of an inconvenient place to defend your client: Judge
June 30, 2021 by David GambrillIn the age of Zoom, the Ontario Superior Court of Justice has essentially found that it doesn’t really matter in which jurisdiction you defend your clients in an arbitration hearing — it’s all part of the common cyber landscape now.…
Appeal court upholds $385,000 payment to Northbridge arising from accident benefits assignment
June 28, 2021 by Greg MeckbachThe Court of Appeal for Ontario recently ruled in favour of Northbridge Insurance in an auto liability claim that featured a dispute over how much of the plaintiff’s accident benefits should go to the liability insurer. Kossay El-Khodr was rear-ended…
Who’s at fault in this duel for street parking?
June 25, 2021 by David GambrillIn a territorial battle for street parking involving sneakiness and deception, a B.C. driver lost his bid to recover his increased auto insurance premium following a minor collision — even though he managed to shift half of the fault over…
Here’s what can go wrong if you give away a salvage vehicle
June 24, 2021 by Greg MeckbachA couple who thought they received a written-off camper trailer as a gift are entitled to some compensation for repairs they made before the registered owner came to retrieve the vehicle, a Newfoundland and Labrador court has ruled. Sherry Drake…
Global insurance law firm expands its Canadian presence
June 23, 2021 by David GambrillGlobal insurance law firm Clyde & Co will be entering the B.C. market through a merger with SHK Law Corporation in B.C., effective July 1. The terms of the merger were not disclosed. B.C.’s property and casualty insurance market is…