Topic
Legal
Debate over liability when pedestrian hit on road with no sidewalk
June 19, 2019 by Greg MeckbachIf your client hits a pedestrian while driving slightly faster than the limit in a dark rain storm, does that mean he or she is liable? It depends which judge you ask. Prashant Jadhav was walking down the shoulder of…
Playing with Fire
June 14, 2019 Glenn Gibson and Andrew EckartHow an insurer successfully defended a risky arson case in which no charge was laid
Why this vehicle accident defendant tried to quash $850,000 settlement
June 14, 2019 by Greg MeckbachAdjusters handling auto liability claims shouldn’t be too quick to settle and take what the plaintiff’s lawyer is saying with a grain of salt. These are among the takeaways from Thursday’s Supreme Court of Canada decision in Fleury v. Paulus.…
How this cyber breach defendant got a six-figure cost award
June 13, 2019 by Greg MeckbachDefendants who won a class-action lawsuit were recently awarded $166,000 to reimburse them for legal costs, but the plaintiffs are appealing. Casino Rama, located near Orillia, Ont. was the target of a cyber breach in 2016 by an unknown criminal.…
$107-million Saskatchewan oil leak results in guilty plea
June 12, 2019 Colette Derworiz - THE CANADIAN PRESSLLOYDMINSTER, Sask. – Husky Energy has pleaded guilty in a pipeline leak that sent oil spilling into a major river and fouled the source of drinking water for thousands of people. The spill into the North Saskatchewan River in July…
Nova Scotia Health Authority investigating possible privacy breach
June 10, 2019 THE CANADIAN PRESSHALIFAX – The personal health information of nearly 3,000 people may have been compromised in a phishing attack, the Nova Scotia Health Authority says. The health authority said Monday that it is investigating a “potential” privacy breach affecting 2,841 patients.…
Sexual abuse class-action against Montreal oratory can proceed
June 7, 2019 by Greg MeckbachIf you provide commercial liability coverage for religious organizations, you might want to check Friday’s Supreme Court of Canada’s decision in L’Oratoire Saint-Joseph du Mont-Royal v. J.J. The decision paves the way for a class action lawsuit against Montreal’s St.…
When ‘residence employee’ is key in home insurance wording
June 3, 2019 by Greg MeckbachA coverage dispute, arising from severe electric shock injuries to a baby in a rented house, shows disagreement over the exact meaning of “residence employee” in a home insurance policy. Doris Wong and her brother Johnny Wong were sued in…
Right of way at roundabout debated in cyclist’s injury lawsuit
May 29, 2019 by Greg MeckbachA pickup truck driver who was hit by a bicycle in a roundabout is 100% liable for the accident, a British Columbia judge ruled in a decision released today. Cyclist Javad Behragam is suing Peter Paviglianiti as a result of…
Why off-road vehicles could get more mileage in Ontario
May 27, 2019 by Greg MeckbachIf you insure off-road vehicles in Ontario, some of those machines could soon be driven more frequently on the road. Bill 107, which would ease restrictions on driving off-road vehicles on municipal roads, passed second reading and was referred Tuesday…
Aviva loses $7-million coverage dispute over sexual abuse liability
May 23, 2019 by Greg MeckbachCanada’s top court said today it will not hear an appeal from Aviva Canada of a ruling in favour of a New Brunswick church diocese. L’Évêque catholique romain de Bathurst, a diocese that oversees Roman Catholic parishes in the northeastern…
Bartenders’ liability for impaired driving accidents – civil versus criminal
May 22, 2019 Paola Loriggio - THE CANADIAN PRESSLegal experts say criminal charges like those laid against a former bar server in connection with a drunk-driving crash that killed two Ottawa-area teens are rare and difficult to prove. Ann Senack, 62, of Greater Madawaska Township, was charged in…