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Legal


News ClaimsClaims CanadaLegal

End of road for vehicle occupant sued for negligent parenting

February 18, 2020 by Greg Meckbach

A defendant in a negligent parenting lawsuit cannot make a liability claim under the auto policy of the vehicle in which he and his daughter were riding as passengers. The Supreme Court of Canada announced Feb. 13 it will not

News InsuranceLegal

How does directors’ and officers’ vicarious liability work with franchise corporations?

February 14, 2020 by Greg Meckbach

If your clients are directors and officers of a company that licences its brand to franchisees, can those clients and the owner of the brand be vicariously liable for alleged wrongdoings on the part of franchisees? It depends in large

News ClaimsInsuranceLegal

Why Intact lost this court case over professional fees

February 13, 2020 by Jason Contant

If your client wants to be covered under a professional fees endorsement, must these fees be required by the insurer? The question was put to the Ontario Superior Court of Justice recently. Ontario Superior Court Justice David Edwards found that,

News Legal

Supreme Court of Canada could review ‘joint and several liability’ clause in surety bond

February 12, 2020 by Greg Meckbach

The Guarantee Company of North America wants to take a disputed claim on a 20-year-old performance bond to the Supreme Court of Canada. The top court announced Feb. 7 that The Guarantee is applying for leave to appeal HOOPP Realty

News Climate ChangeInsuranceLegal

How climate change may heat up your liability lines

February 7, 2020 by David Gambrill

Look for climate change to heat up Canada’s liability lines over the next 10 years, as lawsuits begin to fly against the alleged corporate perpetrators of greenhouse gas emissions. Climate liability is an emerging risk for Canadian property and casualty

News AssociationsBrokersInsuranceLegal

What brokers and trial lawyers think about ICBC’s new care-based model

February 7, 2020 by Jason Contant

The government of British Columbia has announced it will be “removing lawyers and legal costs from the system” to lower public auto insurance rates by about 20%, a move applauded by the province’s brokers association but panned by trial lawyers.

News ClaimsClaims CanadaInsuranceLegal

Appeal court overturns controversial ruling on auto coverage arising from overseas accident

February 7, 2020 by Greg Meckbach

A controversial 2019 court ruling — in which the Alberta Court of Queen’s Bench found that a client struck by a motorcycle in the Philippines is covered by Alberta’s family protection endorsement — has been reversed on appeal. “The SEF

News ClaimsClaims CanadaInsuranceLegal

Does ‘material change in risk’ clause need better clarity?

February 3, 2020 by Greg Meckbach

Despite Wawanesa’s recent legal victory in a coverage dispute in British Columbia, judges in that province appear to be struggling to interpret the statutory condition on material change in risk. Five years ago, Bob and Linda Schellenberg’s property in Chilliwack

News Claims CanadaInsuranceLegal

Dirt bike coverage dispute could reach Supreme Court of Canada

January 30, 2020 by Greg Meckbach

If an Ontario auto client gets injured while riding a dirt bike out of province, should accident benefits be payable? Echelon General Insurance Company is trying to bring this question before Canada’s top court. The Supreme Court of Canada announced

News InsuranceLegalRiskTechnology

Ride-hailing in Vancouver area detours to courts

January 29, 2020 The Canadian Press

Ride-hailing is common in many major Canadian cities, but the long-awaited arrival of Uber and Lyft in Metro Vancouver last week has produced lawsuits and a vow by Surrey’s mayor to keep the companies’ drivers off the streets. Premier John

News InsuranceLegalTechnology

Why this strata’s bylaws on Airbnb were deemed unenforceable

January 28, 2020 by Jason Contant

If you own a strata lot in Vancouver, can you use your unit for short-term accommodation through Airbnb? Yes, if your strata bylaws support short-term rentals in your building, according to Airbnb. But in two recent cases before the province’s

News BrokersInsuranceLegal

Three-year ban for broker convicted of misappropriating more than $16,000

January 27, 2020 by David Gambrill

The former branch office manager of a B.C. brokerage has been banned from being a broker for a minimum of three years after she was convicted for misappropriating more than $16,000 of Insurance Corporation of B.C. (ICBC) funds for personal