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Legal


News ClaimsLegalLegislation / Regulation

Priority dispute can proceed in mechanic test-drive case

November 15, 2018 by Greg Meckbach

Canada’s highest court announced Thursday it will not hear a dispute arising from a vehicle repairman who got hurt while test-driving a customer’s car. The dispute is over a provision in Ontario Regulation 283/95 that sets out rules for auto

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Is seven months too long to wait for car repairs?

November 14, 2018 by Jason Contant

A B.C. small claims tribunal has dismissed a driver’s claim that his repair shop negligently misrepresented the amount of time it would take to repair his vehicle. Jizhou Zhang sought an award of $4,500 for the loss of use and

News ClaimsInsuranceLegal

How often are people scamming insurers with cheque fraud?

November 14, 2018 by Jason Contant

Insurance fraud is again in the news, after a Moncton, N.B. man was sentenced to 30 days in prison and 18 months probation for illegally intercepting two insurance cheques sent to an Aviva Canada insured. Just how prevalent is cheque

News BrokersInsuranceLegal

Brokers, do your auto insurers cover HST on capped benefits?

November 14, 2018 by Greg Meckbach

Brokers placing Ontario auto coverage should ask insurers whether they are including sales tax when they calculate caps on benefits, a lawyer told Canadian Underwriter Tuesday. Ontario consumers must pay 13% Harmonized Sales Tax on many goods and services. Some

News ClaimsLegal

Head injuries from pro hockey a ‘hotly litigated matter’

November 13, 2018 Stephen Whyno - THE ASSOCIATED PRESS

The National Hockey League announced a tentative $18.9 million settlement Monday with more than 300 retired players who sued the league and accused it of failing to protect them from head injuries or warning them of the risks involved with

News ClaimsLegal

Homeowner sued by victims of impaired driving accident

November 12, 2018 by Greg Meckbach

A host liability lawsuit, arising from a fatal drunk driving accident, is proceeding to trial in Ontario. A recent Court of Appeal for Ontario ruling shows judges disagree on how the 2006 Supreme Court of Canada ruling in Childs v. 

News Legal

New Brunswick pulp and paper firm fined $3.5 million for pollution

November 6, 2018 THE CANADIAN PRESS

SAINT JOHN, N.B. – Irving Pulp and Paper Ltd. has been hit with one of largest penalties ever imposed in Canada for an environmental violation. The company, based in Saint John, N.B., was fined $3.5 million Monday for dumping improperly

News InsuranceLegal

Top court could hear disputed claim arising from $550-million ponzi scheme loss

November 5, 2018 by Greg Meckbach

A major bank’s disputed $300-million professional liability insurance claim – arising from a Ponzi scheme in Florida – could reach the Supreme Court of Canada. Toronto-Dominion Bank bought an insurance policy from a syndicate of insurers, including Lloyd’s Underwriters in

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Why this 1996 auto accident benefits claim has not been resolved

October 31, 2018 by Greg Meckbach

An accident benefits claimant who a designated assessment centre concluded 22 years ago was not disabled still has a chance to claim income replacement benefits, Ontario’s Divisional Court has ruled. Dharam Sidhu was involved in a traffic accident in 1996. He

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Why this insurer is ‘shrinking’ its D&O liability business

October 26, 2018 by Greg Meckbach

Lawsuits arising from corporate mergers and acquisitions and “creative theories of liability” are reducing Chubb Limited’s appetite to insure directors’ and officers’ liability. Since 2016, there has been an increase in the frequency of lawsuits against directors and officers, said

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Supreme Court limits when accused drunk drivers can get breathalyzer logs

October 26, 2018 Jordan Press - THE CANADIAN PRESS

OTTAWA – Canada’s top court has set new limits for defendants trying to beat a drunk-driving charge in a ruling that may have consequences for anyone accused of being high behind the wheel. What the Supreme Court of Canada laid

News LegalRisk

Waitress who refused sexual advances from boss awarded $52,000

October 23, 2018 Peter Rakobowchuk - THE CANADIAN PRESS

MONTREAL – A waitress who was harassed after refusing sexual advances from the owner of a Montreal restaurant has been awarded $52,000 by a Quebec labour relations tribunal. In a decision this month, the tribunal found Anissa Berrad had been