Topic
Legal
Manitoba government plans to lift ban on homegrown recreational cannabis
April 24, 2024 Steve Lambert – The Canadian PressThe Manitoba government is planning to end its ban on homegrown recreational cannabis — a move that would leave Quebec as the only province with such a restriction. “We’re just allowing Manitobans to have the same rights that people in…
Quebec court approves class action alleging opioid makers misled users about risks
April 16, 2024 The Canadian PressA Quebec Superior Court judge has authorized a class-action lawsuit against 16 pharmaceutical companies that are alleged to have misled consumers about the efficacy and dangers of opioid medications. The class action includes everyone in Quebec who was diagnosed with…
Why an auto insured didn’t have to help with his insurer’s defence
April 15, 2024 by David GambrillAn Ontario court has set aside a judgement of almost $155,000 that an auto insurer obtained against its insured for not complying with a legal obligation to participate in the insurer’s defence. In this case, the insured was not driving…
Why LAT is reconsidering an accident benefits claim after an auto accident
April 12, 2024 by Alyssa DiSabatinoA decision in which a woman whose psychological trauma was triggered after she viewed the dashcam footage of an auto accident she was involved in — and spotted a house in the background where she’d lived and was the victim…
Small businesses face rising risk of litigation from Canadians
April 9, 2024 by Alyssa DiSabatinoCanadians are getting more litigious, and that means small business owners face a heightened risk of legal disputes, according to a recent survey by Zensurance. The majority (69.3%) of Canadian consumers say they’d sue a small business if they were…
Court upholds Aviva’s travel deductible for trips to medical appointments
April 8, 2024 by David GambrillNewfoundland and Labrador’s Supreme Court has dismissed a proposed class action lawsuit against Aviva Canada and Aviva General Insurance Company over a discretionary travel deductible the insurer imposed on medical and rehab accident benefits expenses. Aviva imposed a 25-kilometre (round…
Class-action lawsuit by taxi drivers against Quebec government begins
April 2, 2024 Jacob Serebrin – The Canadian PressA trial opens Tuesday in a class-action lawsuit accusing the Quebec government of wiping out hundreds of millions of dollars in the value of taxi permits by allowing ride-hailing company Uber to operate and then by abolishing the permit system.…
What the P&C industry thinks of Ontario’s 2024 budget
March 27, 2024 by Jason ContantProposed reforms to Ontario auto insurance will make life simpler for accident victims but could increase premiums and costs for insurers, says David Marshall, who’s served as senior advisor to the provincial government on auto insurance and pension funds. In…
Innocent victim of insurance fraud? Why a tribunal found otherwise….
March 25, 2024 by David GambrillAn injured motorcyclist claiming he was the innocent victim of fraud had the wherewithal to know he was not carrying valid insurance, thus disqualifying him from receiving accident benefits, the Ontario Licence Appeal Tribunal (LAT) ruled Thursday. The tribunal said…
‘Negligent operation’ of ATV includes turning it over to inexperienced driver
March 18, 2024 by David GambrillIf parents permit an adult child to use their all-terrain vehicle (ATV), and the son or daughter then negligently turns over control of that ATV to an inexperienced driver who gets seriously injured in a crash, the parents can be…
Top court clarifies standard for judicial review of LAT decisions
March 15, 2024 by David GambrillCanada’s top court has kicked an auto accident benefits dispute back to the Ontario Licence Appeal Tribunal, effectively confirming courts have discretion to review decisions from the LAT, even if claimants only have a limited right to appeal LAT decisions.…
Paid the claim? No need to re-appraise after limitation period, court says
March 12, 2024 by Alyssa DiSabatinoAn insurer that has already paid a claim doesn’t have to do a follow-up appraisal after the limitation period has expired, Ontario’s Superior Court of Justice has ruled. “An admission of liability to pay on the part of an insurer…