Topic
Legal
Ontario appeal court issues ruling on landlord’s responsibility for insurance in oil spill
January 8, 2013 Greg Meckbach, Associate EditorThe Ontario Court of Appeal recently ruled that a landlord can proceed with a lawsuit against a tenant relating to damages arising from the escape of oil from an above ground storage tank, on the grounds that there was no…
Impaired driving charges during holidays up in Ontario, down in B.C.
January 4, 2013 by Canadian UnderwriterThe Ontario Provincial Police (OPP) has reported that charges for impaired driving laid as part of its 2012 holiday traffic safety campaign was the highest it has been when compared to the last eight campaigns (since 2005). As part of…
More than 200 impaired drivers charged during Saskatchewan holiday safety blitz
January 4, 2013 by Canadian UnderwriterDuring a month-long “Operation Overdrive” traffic safety blitz, law and traffic enforcement officers in Saskatchewan checked more than 8,600 vehicles and issued more than 2,400 tickets, more than 200 of which were for impaired driving, Saskatchewan Government Insurance (SGI) said Friday. …
Auto fraud attempt in Manitoba foiled by police officer’s eye witness account
January 2, 2013 by Canadian UnderwriterA Winnipeg fraudster topped Manitoba Public Insurance’s (MPI) fraud list for 2012, receiving a $1,500 fine and being ordered to pay $60,000 in vehicle damages to the public insurer after pleading guilty to making a false statement under the provincial…
Game Changer
January 1, 2013 Angela Stelmakowich, EditorWill recommendations contained in the Ontario Automobile Insurance Anti-Fraud Task Force report be a game changer, addressing what has become an increasingly organized and expensive problem? Or could implementation and timing issues threaten to alter the carefully plotted road map for improving the system?
Hot Pursuit
January 1, 2013 Mark Mason and Hillel David, McCague Borlack LLPOntario’s appeal court was recently the latest stop for two subrogation claims that began their years-long journeys in Small Claims Court to obtain direction regarding who is responsible for damages caused by leaking hot water tanks – the homeowner (or his property insurer) or the company supplying the tank.
Transit Connection
January 1, 2013 Donna Ford, LL.B., CIP, Freelance WriterA recent seminar in Toronto explored a number of issues on the claims front, including no-fault benefits involving public transit vehicles, examination under oath and retroactive attendant care.
Constructing Liability
January 1, 2013 Greg Meckbach, Associate EditorA Supreme Court of Canada decision that explored how a poorly built home can be construed as an accident, rejecting an insurer’s claim from construction contractors who blamed defective work on subcontractors, remains relevant today.
Denial, Deflection and Duty to Pay
January 1, 2013 Jason Frost, Associate, Hughes Amys LLPA decision by Ontario’s Superior Court of Justice highlights the need for an insurer to respond to a completed Application for Accident Benefits whether or not a nexus exists between the insurer and the claimant.
Ontario appeal court denies Aviva Canada’s request to alter ruling
December 18, 2012 by Canadian UnderwriterThe Court of Appeal for Ontario has denied a request by Aviva Canada to “withdraw, alter or modify” its decision in Pastore v. Aviva Canada Inc. based on a Supreme Court of Canada ruling in July. In Pastore v. Aviva…
Poll indicates slight decrease in drinking and driving in Canada
December 14, 2012 by Canadian UnderwriterResearch indicates a lower percentage of Canadians are driving after drinking but more work needs to be done, according to a recent report co-sponsored by Aviva Canada and published by the Traffic Injury Research Foundation (TIRF). TIRF’s Road Safety Monitor…
Manitoba introduces tougher drinking and driving law
December 13, 2012 by Canadian UnderwriterIgnition interlock use will now be a requirement for all convicted impaired drivers who want to drive legally following their licence suspension, Manitoba’s justice minister Andrew Swan announced Thursday. The new rules come into effect on Dec. 15 and will…