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Number of Ontario auto claims settlements without a mediator triples: FSCO arbitrator

July 9, 2010 by Canadian Underwriter

An arbitrator at the Financial Services Commission of Ontario (FSCO) says resolving auto accident benefits claims disputes “on a timely basis” has become “an increasingly critical issue” in the province’s alternative dispute resolution (ADR) system.In his decision in Dominion of

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Supreme Court of Canada confirms jury trials can’t be split without consent of the parties

July 8, 2010 by Canadian Underwriter

The Supreme Court of Canada has dismissed an appeal in Linn v. Kovach, upholding the principle that a court cannot split a jury trial without the consent of both parties.The Ontario Court of Appeal found in February 2010 that jury

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DAS Canada obtains Ontario license to offer legal expense insurance in the province

July 8, 2010 by Canadian Underwriter

DAS Legal Protection Insurance Company Limited (DAS Canada) has received its insurance licence from The Financial Services Commission of Ontario, making DAS Canada the first specialty legal expense insurer in the country able to offer policies in Ontario. Legal expense

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Expect judges to use ‘life joys’ to determine serious injuries: Hughes Amys LLP

July 6, 2010 by Canadian Underwriter

Insurance defence lawyers believe Ontario’s judiciary will increasingly use the concept of “life joys” to determine whether or not auto injuries meet the threshold of “serious” injuries, according to an article in Hughes Amys LLP newsletter Noteworthy.“The concept of ‘life

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Manitoba drivers caught with cell phones face $200 fine as of July 15, 2010

July 5, 2010 by Canadian Underwriter

Manitoba drivers caught texting or using hand-held cell phones could face a fine of almost $200 under a new law that takes effect July 15, 2010, Infrastructure and Transportation Minister Steve Ashton has announced.The new law comes under amendments to

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Saskatchewan’s RID program encourages reporting of impaired drivers

June 28, 2010 by Canadian Underwriter

Saskatchewan’s new Report Impaired Drivers (RID) program has resulted in Saskatoon Police Services laying 45 impaired driving charges, according to Saskatchewan’s government insurer. The program was launched in March 2010. Since then, police have responded to close to 750 calls

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Ontario Court of Appeal reinstates statute-barred auto injury claim

June 24, 2010 by Canadian Underwriter

The Ontario Court of Appeal has breathed new life into an auto injury claim that was defeated in a summary judgment because it was filed 14 months after the limitations period had expired.The Appeal Court reinstated the action on the

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Manitoba man pays steep price for attempted $240 insurance fraud

June 23, 2010 by Canadian Underwriter

A Winnipeg man was sentenced to 15 months’ probation, perform 120 community service hours within one year, pay full restitution and write a letter of apology to Manitoba Public Insurance (MPI)’s CEO for attempting to commit a $240 insurance fraud.Brent

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Pharmaceutical companies facing liability for products found in water supplies: Marsh

June 22, 2010 by Canadian Underwriter

Pharmaceutical companies are facing an evolving risk of liability for pharmaceuticals and personal care products (PPCP) found in ground and drinking water supplies, according to Marsh. PPCPs include antibiotics, anti-convulsants, mood stabilizers, stimulants and antihistamines.“Liability will likely rest primarily with

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Blouin Dunn LLP hires Derek Ballard

June 22, 2010 by Canadian Underwriter

Derek Ballard has joined Blouin Dunn LLP as of June 15. Ballard obtained his law degree at the University of Manitoba in 2002 and was called to the Ontario Bar in 2003. Since his call, Ballard has practiced in many

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Summary judgement motion not considered a “mini-trial”: Ontario Superior Court

June 21, 2010 by Canadian Underwriter

A motion for summary judgement to dismiss a liability case does not constitute a “mini-trial” and split a case so that it becomes a trial within a trial, the Ontario Superior Court ruled under the new Rules for Civil Procedure.In

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Banks shifting terrain, now promoting insurance on mobile devices: IBAC

June 18, 2010 by Canadian Underwriter

Having secured Finance Minister Jim Flaherty’s commitment to prevent banks from selling unauthorized insurance on their Web sites, the Insurance Brokers Association of Canada (IBAC) is concerned that banks have already responded by trying to promote insurance on consumer’s cell