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Legal


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Sexual abuse class-action against Montreal oratory can proceed

June 7, 2019 by Greg Meckbach

If you provide commercial liability coverage for religious organizations, you might want to check Friday’s Supreme Court of Canada’s decision in L’Oratoire Saint-Joseph du Mont-Royal v. J.J. The decision paves the way for a class action lawsuit against Montreal’s St.

News ClaimsClaims CanadaInsuranceLegal

When ‘residence employee’ is key in home insurance wording

June 3, 2019 by Greg Meckbach

A coverage dispute, arising from severe electric shock injuries to a baby in a rented house, shows disagreement over the exact meaning of “residence employee” in a home insurance policy. Doris Wong and her brother Johnny Wong were sued in

News Legal

Right of way at roundabout debated in cyclist’s injury lawsuit

May 29, 2019 by Greg Meckbach

A pickup truck driver who was hit by a bicycle in a roundabout is 100% liable for the accident, a British Columbia judge ruled in a decision released today. Cyclist Javad Behragam is suing Peter Paviglianiti as a result of

News ClaimsLegalLegislation / Regulation

Why off-road vehicles could get more mileage in Ontario

May 27, 2019 by Greg Meckbach

If you insure off-road vehicles in Ontario, some of those machines could soon be driven more frequently on the road. Bill 107, which would ease restrictions on driving off-road vehicles on municipal roads, passed second reading and was referred Tuesday

News ClaimsCommercial LinesInsuranceLegal

Aviva loses $7-million coverage dispute over sexual abuse liability

May 23, 2019 by Greg Meckbach

Canada’s top court said today it will not hear an appeal from Aviva Canada of a ruling in favour of a New Brunswick church diocese. L’Évêque catholique romain de Bathurst, a diocese that oversees Roman Catholic parishes in the northeastern

News ClaimsLegal

Bartenders’ liability for impaired driving accidents – civil versus criminal

May 22, 2019 Paola Loriggio - THE CANADIAN PRESS

Legal experts say criminal charges like those laid against a former bar server in connection with a drunk-driving crash that killed two Ottawa-area teens are rare and difficult to prove. Ann Senack, 62, of Greater Madawaska Township, was charged in

News ClaimsLegal

This province’s statute of limitations ‘cries out for reform’

May 21, 2019 by Greg Meckbach

In trying to sue construction contractors for a leaky building, a Winnipeg hospital is actually criticizing Manitoba’s Limitation of Actions Act, a provincial appeal court judge suggested in a recent ruling. In 2003, construction finished on a new five-storey building

News InsuranceLegal

How Intact lost this battle over vehicle storage fees

May 16, 2019 by Greg Meckbach

Canada’s largest P&C insurer has suffered a setback in its quest to minimize vehicle storage fees. A recent Ontario court ruling means that, for the time being, Intact Insurance has to pay J.P. Towing Service & Storage Limited storage fees

News InsuranceLegal

New judge represented Insurance Bureau at Supreme Court of Canada

May 9, 2019 by Greg Meckbach

A lawyer who represented the Insurance Bureau of Canada at the Supreme Court of Canada in impaired driving cases as been appointed to the bench. Stikeman Elliott LLP partner Nicholas McHaffie was named a Federal Court of Canada judge and

News ClaimsLegal

Why this claimant cannot sue over auto collision

May 2, 2019 by Greg Meckbach

A motorist should have known he was listed by his insurer as an excluded driver, an Ontario court has ruled. Johnathon Trudeau filed a lawsuit against David Cavanagh as a result of a 2013 vehicle collision in Espanola. Trudeau also

News InsuranceLegal

Why the court says this auto insurer did not properly terminate policy

April 30, 2019 by Greg Meckbach

An auto insurance company cannot necessarily treat a policy as invalid under common law if it discovers the client made a material misrepresentation on the application, the Court of Appeal for Ontario has ruled. In Merino v. ING Insurance Company

News ClaimsLegal

Supreme Court to consider insurer’s medical examiner defamation suit against lawyer

April 26, 2019 by Greg Meckbach

A $15-million defamation lawsuit by a doctor who examines accident benefits claims on behalf of auto insurers is headed to the Supreme Court of Canada. The top court announced Thursday it will hear an appeal of Platnick v. Bent, released Aug.