Topic
Legal
Insurers’ medical examiner gets his day at Supreme Court of Canada
November 16, 2019 by Greg MeckbachThe Supreme Court of Canada is considering whether or not to send an insurance medical examiner’s libel case to trial, based on comments made by a personal injury lawyer about the examiner’s work in a closed forum that got leaked…
Two-year window to dispute auto claim denial not a ‘hard limitation,’ court rules
November 13, 2019 by Greg MeckbachThe two-year time limit to take auto accident benefits disputes to Ontario’s Licence Appeal Tribunal (LAT) is not a “hard limitation” period, the province’s appeal court has ruled. In Tomec v. Economical Mutual Insurance Company, released Nov. 8, the Court…
Class action over fudged Volkswagen emissions tests can proceed: Supreme Court
November 13, 2019 The Canadian PressOTTAWA – The Supreme Court has rejected an attempt by Volkswagen and Audi to dismiss a class action in Quebec seeking compensation for air pollution from cars that gave false results in emissions tests. The judges made the decision in…
How change of backyard elevation spawns liability risk
November 12, 2019 by Greg MeckbachA London, Ont. homeowner is in legal trouble because the water that was supposed to flow east from his neighbour’s backyard, across his property, started going the wrong way 12 years ago. In Dankiewicz v. Sullivan, released Nov. 4, Justice…
Why this solar energy developer was denied coverage under a CGL policy
November 6, 2019 by David GambrillEconomical Insurance recently won a case against a developer of solar energy projects that turned on the wording of an additional insured endorsement in a Commercial General Liability (CGL) policy. Economical ultimately convinced the Ontario Superior Court that insurance coverage…
Court finds corporate director personally liable for worker’s comp injury claim
November 5, 2019 by David GambrillA corporate director can be held personally liable for injuries that happen to employees in a workplace while the director is simultaneously engaged in the work “as part of the business of the corporation,” the Court of Appeal of Alberta…
The ‘interpretative stumbling block’ in figuring out whether off-road vehicle accidents are insured
October 31, 2019 by Greg MeckbachConfused about whether Ontario accident benefits applies if your client has an out-of-province accident involving a dirt bike or all-terrain vehicle? The Court of Appeal for Ontario tried to address this confusion in Benson v. Belair Insurance Company. If an…
$2.2-million credit score class action settlement with The Personal approved
October 28, 2019 by Greg MeckbachA $2.2 million settlement of a class-action privacy lawsuit against The Personal has been approved by a judge, plaintiffs’ law firm Waddell Phillips Professional Corporation announced Monday. The lawsuit arose after The Personal asked some auto claimants if it could…
Expert witness rule in auto personal injury lawsuits deemed unconstitutional
October 25, 2019 by Greg MeckbachA 22-year-old Supreme Court of Canada ruling in favour of a marine cargo insurer is a sword that could cut the other way for Canadian auto insurers. The British Columbia government brought in a rule this past March limiting parties…
Oilsands carbon liability at centre of fraud lawsuit
October 24, 2019 by Jason ContantAlberta’s oilsands are at the centre of a closely watched court battle in New York today. The state’s attorney general is accusing Exxon Mobil of misrepresenting the risks the operations face as governments move to fight climate change. Court documents…
The big question mark on supply chain liability risk
October 23, 2019 by Greg MeckbachWhat liability risk do Canadian corporate clients face if they have supply chains in countries where workers are vulnerable to abuse or unsafe working conditions? It’s an open question right now, but brokers could get some guidance once the Supreme…
Class action lawsuit filed over crane toppled by Dorian
October 22, 2019 The Canadian PressHALIFAX – A proposed class action lawsuit is looking to recover losses sustained by businesses and residential tenants displaced by the collapse of a construction crane in downtown Halifax last month during post tropical storm Dorian. A notice of action…