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A ‘lessee’ is not necessarily the person who paid for the rented vehicle

October 2, 2018 by David Gambrill

A “lessee” under Ontario’s Insurance Act is the person whom the rental company would sue to enforce the rental contract, a court reaffirmed Monday. In Aviva v. Wawanesa, the Ontario Superior Court decided a recent priority dispute between insurers. The

News Legal

How this auto claimant won additional pain and suffering damages

October 1, 2018 by Greg Meckbach

The controversial 2017 Saadati ruling from the Supreme Court of Canada was one reason an auto accident victim recently got an increase in pain and suffering damages. In Saadati’s lawsuit, a judge with the Supreme Court of B.C. awarded pain

News LegalMarkets / CoveragesRisk

Walmart fined $20K for selling contaminated food after Fort McMurray wildfire

October 1, 2018 The Canadian Press

FORT MCMURRAY, Alta. – Walmart Canada has been ordered to pay a $20,000 fine for selling contaminated food after a devastating wildfire in northern Alberta two years ago. Some of the charges against Walmart included failing to dispose of food

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Car surfing covered by auto insurance, court finds

September 27, 2018 by David Gambrill

Auto insurance covers “car surfing,” in which a person rides on the top or rear of a moving vehicle, an Ontario court has found. “Car surfing or attaching oneself to a vehicle, while reckless and dangerous, is not a more

News ClaimsInsuranceLegal

How cell phone records proved this insurer’s auto fraud case

September 26, 2018 by David Gambrill

Cell phone records proved to be the deciding factor in an insurance fraud case in which a B.C. driver falsely claimed that his truck had been stolen. Parker Winterbottom, 22 at the time, reported to police in October 2011 that

News LegalRisk

Some Canadian police forces question roadside marijuana testing devices

September 26, 2018 Laura Kane - THE CANADIAN PRESS

VANCOUVER – Some Canadian police forces are hesitant to use a federally approved roadside test for marijuana impairment, raising questions about the Liberal government’s decision to give the devices the green light. Vancouver’s police department is among those that won’t

News AppointmentsLegal

Insurance lawyer now a Saskatchewan appeal court judge

September 24, 2018 by Greg Meckbach

A lawyer who used to represent Saskatchewan’s auto insurer is now a judge with the province’s appeal court, the federal government announced Friday. Robert Leurer represented Saskatchewan Government Insurance on several occasions during the 31 years he practised law for

News ClaimsLegal

This vehicle accident ‘speaks for itself’

September 22, 2018 by Greg Meckbach

The Supreme Court of Canada will not hear an appeal from a motorist found to be liable for a single-vehicle collision. Brad Gaebel was a passenger in a vehicle driven by Gordon Lipka, who lost control after moving to the

News InsuranceLegal

Top 5 signs an insured may be committing address fraud

September 20, 2018 by Jason Contant

There are countless “red flags” that insurers should examine to help determine if a claimant is committing address fraud, an insurance defence lawyer said Tuesday at the Canadian Association of Special Investigation Units’ (CASIU) 2018 Fraud Conference in Toronto. Andrew

News InsuranceLegal

What to do about clients who lie about their address

September 19, 2018 by Jason Contant

If an insurer has proof a claimant is committing address fraud, there are several weapons they have in their arsenal to fight it, an insurance lawyer said Tuesday. The first thing the insurer should do is ask the underwriting department

News ClaimsInsuranceLegal

The ‘Big Three’ indicators of address fraud

September 18, 2018 by Jason Contant

Insurers looking to verify a claimant’s address should focus on bank, credit card and cellphone records, an insurance defence lawyer said Tuesday. Andrew Grayson, a lawyer specializing in insurance defence litigation with Regan Desjardins LLP, called those records the “Big

News InsuranceLegal

How basement flooding devalued this property

September 17, 2018 by Greg Meckbach

Recurring basement flooding means a homeowner’s property is worth about $35,000 less than it would otherwise be valued at for tax purposes, says an official from the board that hears Ontario property tax appeals. Sharon Latta owns a home near