Topic
Legal
One way to bullet-proof your waiver clause: Tribunal
January 14, 2019 by Greg MeckbachThe use of bold lettering and capitalization in a waiver clause helped a storage locker firm defend itself from a claim from a customer. Four storage units were broken into on Aug. 12, 2016. One of those units was rented…
How boating accident sparked dispute between insurers
January 11, 2019 by Greg MeckbachA court decision released this past Wednesday clarifies what should happen if your client is sued and covered by more than one insurance company. Melissa Shawbonquit filed a lawsuit after she was injured in a boating accident in July 2016.…
How waivers of liability could be harder to enforce
January 10, 2019 by Greg MeckbachThe Supreme Court of Canada could make a landmark decision on whether clients facing personal injury lawsuits can enforce waivers in court. In Schnarr v. Blue Mountain Resorts Limited, the Court of Appeal for Ontario ruled in early 2018 that for…
Lloyd’s disputes claim over diamond-studded statue
January 8, 2019 THE CANADIAN PRESSVANCOUVER – A major insurance company is fighting back after a British Columbia court required it to make good on a policy covering a gold, diamond-encrusted eagle statue allegedly stolen in Metro Vancouver more than two years ago. The B.C.…
Homeowner loses case arising from power surge
January 7, 2019 by Greg MeckbachA British Columbia homeowner who suffered property damage due to an electrical power surge cannot claim damages from the city, the Civil Resolution Tribunal has ruled. In January, 2016, a City of Salmon Arm snowplow hit a power pole, resulting…
Judges disagree on whether a sandbar is a highway
January 4, 2019 by Greg MeckbachThe definition of “highway,” which is often debated in coverage disputes, is not as broad as some might think, the Court of Appeal for British Columbia has ruled. Robert Adam took Insurance Corporation of B.C. to court after he was…
Drinking and boating accident sparks disagreement among judges
December 18, 2018 by Greg MeckbachIn a recent divided ruling over the constitutional rights of drivers suspected of being impaired after causing an accident, the Supreme Court of Canada has narrowly upheld the conviction of an Ontario woman who operated a boat after drinking. R.…
Failure to describe corruption risk cost this firm $30 million
December 18, 2018 Ian Bickis - THE CANADIAN PRESSTORONTO – Katanga Mining Ltd. will pay $30 million to the Ontario Securities Commission for misleading statements, its failure to properly disclose risks around operating in the Democratic Republic of Congo and its reliance on a controversial billionaire businessman. A…
Does CGL’s duty to defend apply to the insurance policy as a whole?
December 10, 2018 by Jason ContantAn insurer’s duty to defend under a provision in a commercial general liability (CGL) form is applicable to the insurance policy as a whole, the Court of Queen’s Bench of Alberta has ruled. In a decision released Friday, the court…
Is your client liable for canoeing while impaired?
December 7, 2018 by David GambrillYes, it is a criminal offence for your client to canoe while impaired. The Ontario Court of Justice recently ruled that canoes are in fact “vessels” under the Criminal Code. The question came up in a trial of an Ontario…
Court weighs in on approach for deducting accident benefits from tort damages
December 6, 2018 by Jason ContantAn Ontario court has ruled that accident benefits should be deducted from tort damages using a “silo” approach rather than a strict matching (“apples-to-apples”) approach. In a lengthy and complex decision covering a wide variety of legal points, the Court…
B.C. opposition bill looks to private insurers to fast-track ride-sharing
December 5, 2018 by Jason ContantThe Opposition BC Liberals have introduced a bill they say would bring ride-sharing to the province within three months and allow for private insurance coverage, re-igniting debate over public versus private coverage in British Columbia. The minority NDP government introduced…