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AMF reports its monetary penalties represent more than 50% of penalties imposed in Canada

February 17, 2010 by Canadian Underwriter

The Autorité des marches financiers (AMF) laid a total of 855 charges in 2009 under the Securities Act and under An Act Respecting the Distribution of Financial Products and Services.The regulator obtained $81.6 million in sanctions, including administrative penalties imposed

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Conservation Area held to less onerous duty of care when skier wandered from trail

February 16, 2010 by Canadian Underwriter

When a cross-country skier wanders from a marked trail onto “expansive and otherwise untamed property,” a conservation authority has a less onerous duty of care, the Ontario Court of Appeal has ruled. In Schneider v. St. Clair Region Conservation Authority,

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Lawyer calls for retroactive removal of Nova Scotia cap

February 16, 2010 by Canadian Underwriter

Nova Scotia’s $2,500 cap on minor injuries was never necessary and should be removed retroactively, Richard Halpern, an Ontario personal injury lawyer, wrote in a submission to Nova Scotia’s superintendent of insurance.In January, the province’s superintendent of insurance released a

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Claimant diagnosed with “borderline personality disorder” allowed to represent herself in accident benefits arbitration

February 12, 2010 by Canadian Underwriter

Should a woman diagnosed with a borderline personality disorder be allowed to represent herself in an arbitration concerning auto insurance accident benefits?Yes, the Financial Services Commission of Ontario (FSCO) has ruled.In L.G. and Lombard General Insurance Company of Canada, FSCO

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Class action suit seeks to have Toyota cover vehicle payments until repair is made

February 12, 2010 by Canadian Underwriter

A U.S. national class action lawsuit against Toyota Motor Corp. has been filed under the federal racketeering statute.Stanley M. Chesley of the Cincinnati-based law firm of Waite, Schneider, Bayless & Chesley Co. filed the suit in the U.S. District Court

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Dyoll Insurance Company liquidators sue Aon Benfield Canada ULC in Supreme Court of Jamaica

February 9, 2010 by Canadian Underwriter

The Joint Liquidators (JLs) of Dyoll Insurance Company Limited have commenced proceedings in the Supreme Court of Jamaica against Aon Benfield Canada ULC (formerly known as Aon Re Canada Inc.), seeking damages amounting to roughly US$19.9 million.In a Jan. 27,

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B.C. Insurance Council proposes new unauthorized insurer rule

February 5, 2010 by Canadian Underwriter

The Insurance Council of British Columbia is proposing a new ‘Unauthorized Insurer Rule’ that requires licensed insurers or agents to inform the council in writing if they are conducting insurance transactions under an existing exemption for doing business with unauthorized

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Ontario arbitration case may have widened definition of ‘catastrophic impairment’

February 4, 2010 by Canadian Underwriter

Ontario’s definition of a “catastrophic impairment” may have widened as a result of a recent decision by the Financial Services Commission of Ontario, lawyers are saying about the case of Aviva and Pastore.In Aviva and Pastore, a FSCO director delegate

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Uncertain legal status for a new method of calculating income loss after breadwinner’s death: lawyer

February 4, 2010 by Canadian Underwriter

A newer method of calculating loss of income in the event of a breadwinner’s death could save defense costs, said Jamie Dunn, partner at Blouin Dunn LLP.The method is used in situations in which both spouses or partners are breadwinners

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Changes to Rules of Civil Procedure create new opportunity for AB litigation

February 3, 2010 by Canadian Underwriter

More accident benefits (AB) claimants will likely find themselves in small claims court as a result of the Jan. 1, 2010 changes to Rules of Civil Procedure, said Kadey Shultz, an associate at Hughes Amys, LLP.Shultz spoke on recent decisions

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Claims industry at odds with Privacy Commissioner over masking of third parties in surveillance video

February 2, 2010 by Canadian Underwriter

A recent guideline issued by the Office of the Privacy Commissioner of Canada states that third parties must be blurred out in surveillance footage. The OPC published guidelines on covert surveillance in the private sector in May of 2008. By

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CSA reports decrease in enforcement activities for 2009

February 2, 2010 by Canadian Underwriter

Canadian Securities Administrators (CSA) commenced 124 securities proceedings in 2009, marking a decrease from the 171 proceedings commenced in 2008, according to the CSA’s 2009 Enforcement Report.The 124 matters were commenced against a total of 154 individuals and 112 companies.The