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Judges at odds on liability of directors and officers in shareholders’ lawsuit

May 7, 2018 by Greg Meckbach

A class-action lawsuit by shareholders against five directors and officers of a Vancouver-based coal mining firm may reach the Supreme Court of Canada. Directors and officers are at risk of being sued by shareholders if the company’s share price drops;

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Court’s response to common impaired driving defence

May 6, 2018 by Greg Meckbach

The driver of a vehicle involved in a major accident near Hamilton has not succeeded in using the “bolus” drinking defence to have her impaired driving conviction overturned. Bolus drinking is when a driver claims to have driven several drinks

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How traumatized witnesses of van attack could make a case for accident benefits

May 3, 2018 by Greg Meckbach

Auto insurers whose customers were witnesses to the April 23 van attack in north Toronto could be paying accident benefits claims if those witnesses have medical evidence that they suffered psychological injury, an insurance law expert suggests. Eight women and

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When a Canadian can collect accident benefits for fatal accident in Philippines

May 1, 2018 by David Gambrill

The SEF 44 Family Protection Endorsement in Alberta’s standard auto policy provides accident benefits coverage for accidents that happen outside Canada, the Court of Queen’s Bench of Alberta ruled Monday. In Wage v. Canadian Direct Insurance, Leizle Wage was struck

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How machine learning can help you predict court decisions

April 26, 2018 by Jason Contant

Machine learning is now able to analyze court decisions and predict how judges may respond in certain situations, based on an analysis of existing caselaw. Artificial intelligence technology is currently available to analyze tax and employment caselaw, but it’s easy

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Top court upholds police search for marijuana during roadside stop

April 25, 2018 by Greg Meckbach

With the federal government aiming to legalize marijuana possession, insurers are looking for some assurances that the Cannabis Law will not lead to increased claims frequency and liability; this, in turn, relates to the ability of police to search vehicles

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How a court kept insurers’ auto storage costs under control

April 25, 2018 by David Gambrill

An auto collision centre has lost an appeal in court that would have effectively forced insurance companies to settle all disputes in an auto claim before the vehicle is released to the insurer, thus racking up storage costs while the

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Rental agencies struggle with screenings as security concerns rise

April 25, 2018 Ian Bickis - THE CANADIAN PRESS

Monday’s deadly rental van rampage in Toronto shows how quickly a vehicle can be turned into a weapon, but rental agencies are finding few clear options to prevent their property from involvement in such violent acts. The urgency to find

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How a worker injured while driving on duty can sue an at-fault driver’s employer

April 24, 2018 by Greg Meckbach

A worker injured on the job in an Alberta auto accident can sue the employer of the at-fault driver, the province’s court of appeal ruled in a recent decision. In McIver v. McIntyre, Lewis Morgan, an employee of Calgary Propane

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Broker fined for out-of-province licensing muddle

April 24, 2018 by David Gambrill

The Insurance Council of Manitoba has fined Randolph McGlynn of Advocis Brokers Services Inc. $2,000 for attesting that two agents were licensed to do business in Manitoba when in fact they never held agent licenses in the province. Instead, the

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Your client texts a driver who crashes. Is your client liable?

April 23, 2018 by David Gambrill

Look for Canadian case law to impose secondary liability on texters who distract drivers with their email messages, akin to social host liability, a senior claims executive at Travelers predicts. “If I text someone while driving, and they get into

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Slip and fall costs supermarket chain $755,000

April 19, 2018 Greg Meckbach, Associate Editor

A woman who fell in a North Vancouver supermarket after slipping in a puddle of spilled laundry soap is no longer employable and is entitled to $375,000 in compensation for loss of future capacity, a Supreme Court of British Columbia