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Legal


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MPI argues competitive lines of business not subject to public disclosure

April 29, 2010 by Canadian Underwriter

Manitoba’s Public Utilities Board (PUB) has gone to the province’s appeal court to get Manitoba Public Insurance (MPI) to disclose financial information that would ensure Autopac rates are set fairly.The fact the PUB went to court became a topic of

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Ontario Appeal Court refines concept of damages “too remote” for recovery

April 27, 2010 by Canadian Underwriter

The Ontario Court of Appeal has refined the concept of “damages too remote for recovery,” recently distinguishing the fact situation in Frazer v. Haukioja from that of the Supreme Court of Canada case, Mustapha v. Culligan of Canada Ltd. In

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Finance Minister to meet with banks about banning insurance sales on banks’ Web sites

April 26, 2010 by Canadian Underwriter

Finance Minister Jim Flaherty expects to be sitting down with Canadian bank executives sometime over the next 10 days and discussing the government’s directive to remove insurance sales from their Web sites, according to media reports.Flaherty made the remarks to

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Ontario Appeal Court overturns decision that would have widened scope for taping defence medical examinations

April 23, 2010 by Canadian Underwriter

In a 3-2 decision, the Ontario Court of Appeal has reversed a lower court ruling that would have allowed taping of defence medical examinations in most (if not all) cases where a request is made, based on an alleged “systemic

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Ontario court re-asserts limits on how much plaintiff’s counsel can help client during discovery

April 21, 2010 by Canadian Underwriter

The Ontario Superior Court recently re-asserted the limits of how much a plaintiff’s counsel can help his or her client during an examination for discovery in an action concerning a motor vehicle accident.In Michael Madonis v. Julian G. Dezotti and

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Ontario Court of Appeal finds trial judge did not ‘double deduct’ IRBs from jury award

April 19, 2010 by Canadian Underwriter

As long as a trial judge has not directed a jury to deduct income replacement benefits (IRBs) from their jury award, the trial judge may deduct IRBs from the jury award without fear of “double deduction,” the Ontario’s Court of

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FSCO orders claimant to produce medical records of alleged prior accidents

April 15, 2010 by Canadian Underwriter

The Financial Services Commission of Ontario (FSCO) has ordered a claimant to produce OHIP records and the clinical notes of his family doctor dating back to motor vehicle accidents that allegedly occurred up to five years prior to the 2005

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Alberta introduces bill to tighten restrictions on distracted drivers

April 15, 2010 by Canadian Underwriter

New legislation proposed by the Alberta government would restrict a vast number of activities behind the wheel, including personal grooming, manually inputting information into GPS or audio devices, CB radios (excluding commercial or search-and-rescue use) and texting. Bill 16, the

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Government institutes penalties for failing to file and inaccuracies in GST schedule

April 13, 2010 by Canadian Underwriter

Penalties will be applied to any financial institution that fails to file, or files with inaccuracies, the GST 111 schedule, said Cliff Lee, a senior manager at KPMG.Lee spoke at the Insurance Institute of Toronto’s At the Forefront Breakfast about

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Post-recession era ripe for economic crime: PwC

April 12, 2010 by Canadian Underwriter

Cost-cutting and downsizing during a recession can increase the risk of financial fraud in a post-recession landscape era, reports PricewaterhouseCoopers.A PwC Economic Crime Survey shows 56% of Canadian companies reported being victims of crime in 2009.“In a global economic downturn,

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Injury threshold in Ontario does not establish a “barrier” to jury award recovery: Ontario judge

April 12, 2010 by Canadian Underwriter

The threshold in Ontario for determining whether injuries are “serious” enough to warrant jury awards are not supposed to be treated as barriers by insurance defence counsel, an Ontario Superior Court Justice remarked in the threshold case, Nicolas v. Bowers.“I

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Insurer ordered to defend negligence claim, after insured sold and vacated property

April 9, 2010 by Canadian Underwriter

A recent Ontario Superior Court decision suggests that, depending on the wording of a policy and what is alleged, an insurer may be obliged to defend insureds who have made misrepresentations with respect to the sale of an item —