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How lawsuits arising from stolen vehicles could affect drone claims

February 7, 2018 Greg Meckbach, Associate Editor

Liability risk for operators of unmanned aerial vehicles (commonly known as drones) will be affected by past court rulings concerning parked vehicles, a lawyer suggested Tuesday during a claims conference. And based on precedents set in the vehicle cases, it

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Contractor immune from liability in botched demolition of burning building

February 7, 2018 by David Gambrill

A trucking and excavation company in Nova Scotia is immune from tort liability because it was acting under orders from the local fire department in a botched attempt to demolish a burning building, a Nova Scotia court has ruled. The

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A personal support worker seeking work? You’re an attendant care provider, arbitrator rules

February 7, 2018 by Jason Contant

A catastrophically impaired driver can claim expenses incurred for attendant care services provided by his mother, a personal support worker [PSW] who was not employed when she cared for her son at the time of his accident, an Ontario arbitrator

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Two minor fender benders lead to $362,000 award for future care

February 6, 2018 by David Gambrill

A B.C. woman has received a court award for $362,102 in damages after developing a debilitating neck pain following two minor fender benders that occurred three years apart. Even though the court reduced the award from what the injured driver

Michael Teitelbaum, Partner, Hughes Amys LLP
Feature Legal

Sole Consequence

February 5, 2018 Michael S. Teitelbaum, Partner, Hughes Amys LLP

Will one word – ‘solely’ — affect the scope of additional insured coverage? In Brookfield Johnson Controls Canada LP v. Continental Casualty Company, Ontario Superior Court Justice Jane Ferguson considered the breadth of an insurer’s duty to defend an additional

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Excluded drivers can still claim accident benefits, court rules

February 5, 2018 Greg Meckbach, Associate Editor

Drivers excluded from coverage on their own policies can still claim accident benefits on the policies of other drivers, as long as they weren’t driving the vehicles from which they were excluded coverage, the Court of Appeal for Ontario ruled

News InsuranceLegal

Why basement flooding victim can’t sue home seller

February 2, 2018 Greg Meckbach, Associate Editor

The owner of a Winnipeg home who experienced basement flooding in 2010 has lost her bid to sue both the couple who sold her the home and the sellers’ real estate agent for allegedly misrepresenting the extent of foundation cracks.

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Insurer must pay $237K in legal costs to elderly woman awarded $20K

February 2, 2018 Colin Perkel - THE CANADIAN PRESS

TORONTO – An insurance company that played litigation hardball with an elderly car-accident victim has been ordered to pay $237,000 to cover the legal costs she incurred in winning a $20,000 settlement. In her decision, Ontario Superior Court Justice Mary

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Invasion of privacy class-action against Equifax proceeds in Ontario

February 1, 2018 by Greg Meckbach

A class-action lawsuit arising from last year’s Equifax cyber breach is proceeding in Ontario on the basis of a new invasion-of-privacy tort that has caught the eye of Canada’s property and casualty insurers because it allows courts to award damages

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Cap on minor injury auto awards could be coming to B.C.

February 1, 2018 by Greg Meckbach

British Columbia’s government is considering caps on awards, in auto insurance personal injury lawsuits, for pain and suffering for minor injuries, the province’s attorney general told Canadian Underwriter Tuesday. With a cap on minor injury claims, Insurance Corporation of B.C.

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Arbitration filing deadlines trump law clerk “screw-up,” Ontario court rules

January 31, 2018 by David Gambrill

A law clerk “screw-up” is not an “extraordinary circumstance” that would allow an injured driver to circumvent the time limits for producing expert witnesses and documents in an auto accident benefits arbitration, an Ontario court has ruled. Margaret Cyr and

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Can motorists raise doubts about accuracy of a breathalyzer test?

January 31, 2018 by Greg Meckbach

When a motorist is charged with impaired driving, the Crown attorney should not automatically have to gather and turn over to the defendant all maintenance records on the breathalyzer that was used in the case, the Ontario government suggests. The