Topic
Legal
Judges & insurers disagree: Who really rented this truck?
September 13, 2019 by Greg MeckbachA 2018 Ontario court ruling in favour of Wawanesa, arising from a collision involving a truck rented to deliver furniture, has been overturned on appeal. On Oct. 29, 2010, Hy Kiet Liu was in a vehicle that was rear-ended by…
Scheer promises to create ‘Canada Cyber Safe’ certification for digital
September 9, 2019 Giuseppe Valiante - THE CANADIAN PRESSMONTREAL – Conservative party Leader Andrew Scheer is trying to reassure Canadians that if elected, his government would better protect their personal information following recent high-profile security breaches at major corporations that compromised the data of millions of Canadians. A…
Subrogated claim confirms obligations of homeowners using heating oil
September 6, 2019 by Greg MeckbachIf your client’s home is heated by oil supplied from an outdoor tank, do they need to conduct annual maintenance? This question came up in a recent subrogated home insurance claim. A Court of Appeal for Ontario ruling released this…
How an engineer failed to spot a major basement water problem
September 3, 2019 by Greg MeckbachThree months after Edward Kent and Teresa Tomsky bought their Edmonton home, they noticed a musty smell in their basement. It turns out a foundation crack, which they were led to believe was minor, was actually quite serious. The foundation…
First conviction in Canada for driving a canoe while impaired causing death
August 30, 2019 by David GambrillFor the first time in Canada, someone has been convicted of impaired driving charges causing death while paddling a canoe. “This is a unique case in that it is the first time [that] charges have been prosecuted respecting the operation…
Why this American auto insurer lost its priority dispute in Canada
August 26, 2019 by David GambrillYes, an American auto insurer can be the priority insurer for an accident that happens in Canada. An Ontario judge found last Thursday that the priority dispute provisions in the province’s Insurance Act do indeed apply to U.S.-based insurers, thus…
These auto clients will no longer get a break for driving experience
August 21, 2019 by Greg MeckbachFor motorists whose driving experience is in a country other than Canada and the United States, one major insurer’s underwriting rules are about to change in one province. Nova Scotia’s auto insurance regulator recently gave The Personal Insurance Company permission…
Auto claimant awarded $200K despite court’s skepticism about his credibility
August 16, 2019 by David GambrillA B.C. fire dispatcher with pre-existing back pain was awarded $200,000 for his auto accident injuries, even though the Supreme Court of British Columbia also found that he was “not a reliable historian of his own condition or other events.”…
How dashcams are settling insurance and liability questions
August 15, 2019 Dan Healing - THE CANADIAN PRESSCALGARY – In a video taken through the windshield of Dung Le’s 15-year-old Toyota Echo, an oncoming car breaks the monotony of a wide, nearly empty street on a quiet August morning in a sprawling residential Edmonton neighbourhood. As it…
New hearing ordered after court finds tribunal erred in law on accident benefits
August 12, 2019 by Jason ContantA vehicle accident victim is getting a new hearing after Saskatchewan’s appeal court found a tribunal erred in law by disregarding evidence related to the claimant’s accident-related inability to work. The Court of Appeal for Saskatchewan unanimously ruled the July…
How diligent note-taking helped this broker defend a lawsuit
July 22, 2019 by Greg MeckbachKeeping meticulous files is one reason an Ontario cottage country brokerage was largely successful in defending a lawsuit from a homeowner client. In Monk v. Farmers’ Mutual Insurance Company (Lindsay) released this past Friday, the Court of Appeal for Ontario…
Could trial lawyers take a run at a 40-year-old cap on pain and suffering awards?
July 4, 2019 by Greg MeckbachA 40-year-old, Canada-wide cap on pain and suffering awards could be out of date, a personal injury lawyer suggests. The Supreme Court of Canada imposed a $100,000 cap on awards for non-pecuniary damages in 1978, as the personal injury law…