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News ClaimsLegal

Why this motorist is not entitled to compensation for towing damage claim

October 1, 2019 by Greg Meckbach

A motorist seeking nearly $4,000 for a vehicle that was allegedly damaged while being towed cannot recover the money from either the Insurance Corporation of British Columbia or BCAA Insurance Corporation, the province’s civil resolution tribunal has ruled. In October,

News ClaimsInsuranceLegal

Did the other driver admit fault? Get it in writing.

September 26, 2019 by Jason Contant

B.C.’s small claims court found no fault with the way the Insurance Corporation of British Columbia (ICBC) assessed liability for a motor vehicle accident, despite a complaint that the insurer did not follow up on an admission of guilt by

News Claims CanadaInsuranceLegal

Intact loses court battle over voiding auto policy for misrepresentation

September 26, 2019 by Greg Meckbach

If an Ontario auto insurer discovers a client made a material misrepresentation or non-disclosure in its application, could the insurer treat the policy as invalid to being with? Not now. Or at least, not if the fact situation is the

News AdjustersClaims CanadaLegal

‘Boilerplate’ reasons for denying auto claims don’t cut it: Court

September 25, 2019 by Greg Meckbach

Ontario’s Divisional Court ruled this week against Aviva Canada, which wants to challenge a Licence Appeal Tribunal ruling in favour of an auto accident benefits claimant. The case involves how Aviva denied the claim, which was to check a box

News LegalRisk

Trial begins for class action alleging abuse at defunct Ontario boarding school

September 17, 2019 Nicole Thompson - THE CANADIAN PRESS

TORONTO – The late headmasters of a Christian boarding school controlled every aspect of children’s lives in order to break their spirits, a lawyer representing former students suing the defunct institution told a Toronto court on Monday. The school made

News InsuranceLegal

Judges & insurers disagree: Who really rented this truck?

September 13, 2019 by Greg Meckbach

A 2018 Ontario court ruling in favour of Wawanesa, arising from a collision involving a truck rented to deliver furniture, has been overturned on appeal. On Oct. 29, 2010, Hy Kiet Liu was in a vehicle that was rear-ended by

News LegalRiskTechnology

Scheer promises to create ‘Canada Cyber Safe’ certification for digital

September 9, 2019 Giuseppe Valiante - THE CANADIAN PRESS

MONTREAL – Conservative party Leader Andrew Scheer is trying to reassure Canadians that if elected, his government would better protect their personal information following recent high-profile security breaches at major corporations that compromised the data of millions of Canadians. A

News Claims CanadaInsuranceLegal

Subrogated claim confirms obligations of homeowners using heating oil

September 6, 2019 by Greg Meckbach

If your client’s home is heated by oil supplied from an outdoor tank, do they need to conduct annual maintenance? This question came up in a recent subrogated home insurance claim. A Court of Appeal for Ontario ruling released this

News EngineeringLegal

How an engineer failed to spot a major basement water problem

September 3, 2019 by Greg Meckbach

Three months after Edward Kent and Teresa Tomsky bought their Edmonton home, they noticed a musty smell in their basement. It turns out a foundation crack, which they were led to believe was minor, was actually quite serious. The foundation

News InsuranceLegal

First conviction in Canada for driving a canoe while impaired causing death

August 30, 2019 by David Gambrill

For the first time in Canada, someone has been convicted of impaired driving charges causing death while paddling a canoe. “This is a unique case in that it is the first time [that] charges have been prosecuted respecting the operation

News InsuranceLegal

Why this American auto insurer lost its priority dispute in Canada

August 26, 2019 by David Gambrill

Yes, an American auto insurer can be the priority insurer for an accident that happens in Canada. An Ontario judge found last Thursday that the priority dispute provisions in the province’s Insurance Act do indeed apply to U.S.-based insurers, thus

News InsuranceLegalLegislation / Regulation

These auto clients will no longer get a break for driving experience

August 21, 2019 by Greg Meckbach

For motorists whose driving experience is in a country other than Canada and the United States, one major insurer’s underwriting rules are about to change in one province. Nova Scotia’s auto insurance regulator recently gave The Personal Insurance Company permission