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Legal


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How this dry cleaner got sued over 50-year-old pollution

April 11, 2019 by Greg Meckbach

An Ottawa dry cleaner is liable for nearly $2 million in environmental clean-up costs resulting from spills that occurred at least 45 years ago, as a result of a Supreme Court of Canada ruling released Thursday. The top court’s ruling

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Ontario city partly liable in collision that injured four

April 8, 2019 by Greg Meckbach

A recent Supreme Court of Canada decision means the City of Hamilton is partly liable in a motor vehicle bodily injury lawsuit because there was no painted stop line immediately before an intersection. On June 16, 2007, a vehicle driven

News InsuranceLegal

Judgement against Lloyd’s quashed in disputed claim over diamond eagle statue theft

April 8, 2019 THE CANADIAN PRESS

VANCOUVER – A protracted court battle over a gold, diamond-studded eagle statue has landed in favour of a major insurance company, which will now be allowed to challenge a claim over the treasure that was allegedly stolen in the Vancouver

News ClaimsInsuranceLegal

Does a business have to highlight a waiver of liability to a client?

April 4, 2019 by David Gambrill

A flood in an Alberta community centre flood has once again raised the legal issue of whether a claimant is obligated to read a commercial services contract thoroughly, or whether the defendant is obligated to highlight any waiver of liability

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Cyber attack in Canada spawns $60 million lawsuit

March 29, 2019 By Colin Perkel - THE CANADIAN PRESS

TORONTO – As many as 200,000 people may have had their personal information stolen in a hack on servers at one of Ontario’s most popular casinos, a lawyer for the plaintiffs pressing a proposed class action argued on Thursday. However,

News InsuranceLegalRisk

Do your insureds understand a “material change in risk”?

March 29, 2019 by Jason Contant

It’s not necessary for an insurer to prove that an insured knew a change in risk was “material” to the carrier, the Supreme Court of British Columbia has ruled. In May 2014, Wawanesa Mutual Insurance Company voided a homeowner’s policy

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Why this insurer does not have to pay additional living expenses for campground fees

March 29, 2019 by Greg Meckbach

An insurance company does not have to pay a flood victim the cost of living in a campground because that client had a pre-booked vacation trip, the British Columbia civil resolution tribunal has ruled. Patrick Strange took the Canadian Northern

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How harassment lawsuit ruling affects insurers

March 28, 2019 by Greg Meckbach

Despite a recent ruling that harassment is not a free-standing tort in Ontario, corporate clients and their brokers still need to view harassment accusations as a serious liability risk. In Merrifield v. The Attorney General, released in 2017, Justice Mary Vallee

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How $15-billion Quebec class-action award affected this company

March 26, 2019 THE CANADIAN PRESS

MONTREAL –  Rothmans, Benson & Hedges has become the third tobacco company to receive a temporary reprieve from compensating 100,000 Quebec smokers after securing creditor protection in an Ontario court on Friday. Imperial Tobacco Canada and JTI-Macdonald Corp. were both

News LegalRiskTechnology

How privacy breach lawsuit could get more expensive for Equifax

March 25, 2019 by Greg Meckbach

Equifax may have to defend itself against separate privacy class action lawsuits in at least two Canadian provinces as a result of a cyber breach in 2017. A cyber insurance claim can be triggered when a client is subject to

News ClaimsLegal

Eight years jail time for truck driver in Broncos bus crash

March 22, 2019 Bill Graveland and Stephanie Taylor - THE CANADIAN PRESS

MELFORT, Sask. _ A truck driver who caused the deadly Humboldt Broncos crash has been sentenced to eight years in prison. Jaskirat Singh Sidhu of Calgary had pleaded guilty earlier this year to 29 counts of dangerous driving. He stood

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Why appeal court quashed this punitive damage award

March 21, 2019 by Greg Meckbach

If your client is successfully sued for being vicariously liable for the behaviour of a sexual offender, should that client have to pay punitive damages simply for not admitting liability before the trial? Judges are not unanimous on this issue.