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Legal


News InsuranceLegal

How landmark voyeurism ruling impacts insurers

February 22, 2019 by Greg Meckbach

If your client is sued for breach of privacy, the judge could look to last week’s voyeurism ruling by the Supreme Court of Canada for guidance, a privacy lawyer suggests. In R. v. Jarvis, released Feb. 14, the Supreme Court

News AdjustersClaimsInsuranceLegal

Are cannabis edibles a “drug”? What adjusters should be asking

February 22, 2019 by Jason Contant

Claims adjusters’ questions should address potential policy wording dilemmas related to the upcoming legalization of cannabis edibles later this year, a lawyer told Canadian Underwriter recently. For example, consider the following question in the context of edible cannabis (or even

News CatastrophesClaimsLegal

Next step for $2-billion building collapse lawsuit against Loblaws

February 21, 2019 by Greg Meckbach

A $2-billion class-action lawsuit against Canada’s largest food retailer could reach the Supreme Court of Canada. The bodily injury lawsuit against Loblaw Companies Limited was filed in 2015 in Ontario by victims of a 2013 commercial building collapse in Bangladesh.

News ClaimsInsuranceLegal

AB case generates massive confusion around “but for” causation test

February 21, 2019 by Jason Contant

A recent Ontario accident benefits case has highlighted ongoing confusion about how to identify and apply the proper causation test — including the contentious “but for” clause. The case revolves around whether the “but for” test of causation or the

News InsuranceLegal

A driver is convicted of assault after a collision. Is the vehicle’s owner vicariously liable for the crash?

February 13, 2019 by Greg Meckbach

The registered owner of a pickup truck could be held liable for injuries to an accident victim even though the at-fault driver of the pickup truck was convicted of assault as a result of a collision, the Court of Appeal

News ClaimsLegal

Lawsuit over flooding, catch-basin access could reach Supreme Court

February 11, 2019 by Greg Meckbach

A property owner who was sued for more than $100,000 over laneway flooding is hoping to appeal to the Supreme Court of Canada. Marilyn Marks owns commercial property in the community of Tottenham, Ont., about 40 kilometres north of Toronto

News ClaimsInsuranceLegal

Top court won’t hear appeal of controversial waiver decision

February 7, 2019 by Greg Meckbach

A 2018 Court of Appeal for Ontario ruling on waivers, described as “great news” for liability insurers, is now final. The Supreme Court of Canada announced Thursday it will not hear an appeal of Schnarr v. Blue Mountain Resorts Limited,

News InsuranceLegal

The changes to B.C. auto injury lawsuit rules that this review recommends

February 7, 2019 THE CANADIAN PRESS

VICTORIA – A review of legal cases involving British Columbia’s public insurer says despite public perception, the agency isn’t lowballing claimants in its settlement offers. The review conducted by legal counsel in the Ministry of the Attorney General was released

News AppointmentsAssociationsClaimsLegal

Prominent insurance defence lawyer named as judge

February 5, 2019 by David Gambrill

Insurance defence lawyer William S. Chalmers, managing partner at Hughes Amys LLP, has been appointed a judge of the Superior Court of Justice of Ontario in Toronto. Called to the Ontario Bar in 1987, Justice Chalmers practised law at Hughes

News ClaimsInsuranceLegal

What stopped this $800,000 subrogated pollution claim

February 4, 2019 by Greg Meckbach

A subrogated claim could go off the rails if the client is bankrupt. The Supreme Court of Canada announced Thursday it will not hear a subrogation case involving Desjardins, which applied last year for leave to appeal Douglas v. Stan

News InsuranceLegal

Should a LAT member be allowed to reconsider their own decision?

February 1, 2019 by Jason Contant

New amendments to rules surrounding the Licence Appeal Tribunal (LAT) in Ontario “have sent a dagger into the heart” of one insurance defence lawyer. Effective Feb. 7, 2019, Rule 18 of the LAT will be amended to allow, among other

News Legal

Client loses lawsuit arising from automatic policy renewal

January 31, 2019 by Greg Meckbach

A motorcyclist who tried to sue his insurer for renewing his policy and deducting money from his account will not have his case heard before the Supreme Court of Canada. The top court announced Jan. 31 it has turned down