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Why this vehicle accident defendant tried to quash $850,000 settlement

June 14, 2019 by Greg Meckbach

Adjusters handling auto liability claims shouldn’t be too quick to settle and take what the plaintiff’s lawyer is saying with a grain of salt. These are among the takeaways from Thursday’s Supreme Court of Canada decision in Fleury v. Paulus.

News ClaimsClaims CanadaLegalRiskTechnology

How this cyber breach defendant got a six-figure cost award

June 13, 2019 by Greg Meckbach

Defendants who won a class-action lawsuit were recently awarded $166,000 to reimburse them for legal costs, but the plaintiffs are appealing. Casino Rama, located near Orillia, Ont. was the target of a cyber breach in 2016 by an unknown criminal.

News EngineeringLegal

$107-million Saskatchewan oil leak results in guilty plea

June 12, 2019 Colette Derworiz - THE CANADIAN PRESS

LLOYDMINSTER, Sask. – Husky Energy has pleaded guilty in a pipeline leak that sent oil spilling into a major river and fouled the source of drinking water for thousands of people. The spill into the North Saskatchewan River in July

News ClaimsLegalTechnology

Nova Scotia Health Authority investigating possible privacy breach

June 10, 2019 THE CANADIAN PRESS

HALIFAX – The personal health information of nearly 3,000 people may have been compromised in a phishing attack, the Nova Scotia Health Authority says. The health authority said Monday that it is investigating a “potential” privacy breach affecting 2,841 patients.

News ClaimsLegal

Sexual abuse class-action against Montreal oratory can proceed

June 7, 2019 by Greg Meckbach

If you provide commercial liability coverage for religious organizations, you might want to check Friday’s Supreme Court of Canada’s decision in L’Oratoire Saint-Joseph du Mont-Royal v. J.J. The decision paves the way for a class action lawsuit against Montreal’s St.

News ClaimsClaims CanadaInsuranceLegal

When ‘residence employee’ is key in home insurance wording

June 3, 2019 by Greg Meckbach

A coverage dispute, arising from severe electric shock injuries to a baby in a rented house, shows disagreement over the exact meaning of “residence employee” in a home insurance policy. Doris Wong and her brother Johnny Wong were sued in

News Legal

Right of way at roundabout debated in cyclist’s injury lawsuit

May 29, 2019 by Greg Meckbach

A pickup truck driver who was hit by a bicycle in a roundabout is 100% liable for the accident, a British Columbia judge ruled in a decision released today. Cyclist Javad Behragam is suing Peter Paviglianiti as a result of

News ClaimsLegalLegislation / Regulation

Why off-road vehicles could get more mileage in Ontario

May 27, 2019 by Greg Meckbach

If you insure off-road vehicles in Ontario, some of those machines could soon be driven more frequently on the road. Bill 107, which would ease restrictions on driving off-road vehicles on municipal roads, passed second reading and was referred Tuesday

News ClaimsCommercial LinesInsuranceLegal

Aviva loses $7-million coverage dispute over sexual abuse liability

May 23, 2019 by Greg Meckbach

Canada’s top court said today it will not hear an appeal from Aviva Canada of a ruling in favour of a New Brunswick church diocese. L’Évêque catholique romain de Bathurst, a diocese that oversees Roman Catholic parishes in the northeastern

News ClaimsLegal

Bartenders’ liability for impaired driving accidents – civil versus criminal

May 22, 2019 Paola Loriggio - THE CANADIAN PRESS

Legal experts say criminal charges like those laid against a former bar server in connection with a drunk-driving crash that killed two Ottawa-area teens are rare and difficult to prove. Ann Senack, 62, of Greater Madawaska Township, was charged in

News ClaimsLegal

This province’s statute of limitations ‘cries out for reform’

May 21, 2019 by Greg Meckbach

In trying to sue construction contractors for a leaky building, a Winnipeg hospital is actually criticizing Manitoba’s Limitation of Actions Act, a provincial appeal court judge suggested in a recent ruling. In 2003, construction finished on a new five-storey building

News InsuranceLegal

How Intact lost this battle over vehicle storage fees

May 16, 2019 by Greg Meckbach

Canada’s largest P&C insurer has suffered a setback in its quest to minimize vehicle storage fees. A recent Ontario court ruling means that, for the time being, Intact Insurance has to pay J.P. Towing Service & Storage Limited storage fees