Topic
Legal
Neighbours’ spat over flooding, catch-basin access leads to $100,000 court award
July 5, 2018 by Greg MeckbachThe owner of a property with a non-functioning catch-basin has to pay her neighbour more than $100,000 because flooding prevented the neighbour from renting apartments, the Court of Appeal for Ontario ruled last week. Terrence and Matilda Berg own a…
Novel concept of ‘impaired by distraction’ quashed by Supreme Court of Canada
July 4, 2018 by Greg MeckbachDriving while engrossed in a heated conversation may be a form of distraction, but is not a form of impairment, the Supreme Court of Canada suggested in a divided ruling released Friday. In May 2013, a toddler died after an…
What happened to the broker caught cheating on her CAIB 3 exam
July 4, 2018 by David GambrillA B.C. broker caught cheating on her CAIB 3 broker licensing exam has had her general and life insurance licenses suspended for a year. The Insurance Council of B.C. noted the broker was not deceptive when confronted about her behaviour.…
Finding Fault with Data
July 3, 2018 Jonathan N. Grnak, Barrister & Solicitor, Danson Recht LLPBlameworthiness or liability in any crash involving a vehicle equipped with self-driving technology will continue to be the main roadblock to the effective implementation and adoption by consumers of autonomous vehicle (AV) technology. The question is: How do you determine…
Traffic stop “perfectly legal,” Ontario appeal court rules in impaired driving case
June 28, 2018 Colin Perkel - THE CANADIAN PRESSTORONTO – A man found to have been driving drunk has been convicted even though the police officer who stopped him was looking for another suspected impaired driver. In a ruling setting aside two lower court decisions, Ontario’s top court…
Priority dispute in mechanic test-drive case could reach top court
June 27, 2018 by Greg MeckbachA priority dispute between Ontario auto insurers over who should pay accident benefits to a mechanic injured while test-driving a customer’s car could be headed to Canada’s highest court. Auto repair shop owner Jing Hua Fan was hurt in 2011…
Insurance lawyer questions whether LAT has ‘appearance’ of fairness
June 26, 2018 by Greg MeckbachAn anonymous letter about how an auto injury claim was handled by the Ontario License Appeal Tribunal raises “concerns” about the LAT decision-making process, an insurance lawyer warns. Anonymous evidence should generally not be given any weight in court proceedings,…
Auto insurer on hook for $300K after client address mix-ups
June 26, 2018 by David GambrillIf you can’t find your itinerant clients, have they failed to cooperate with your defence of an auto insurance liability action? An Ontario court recently ordered Gore Mutual Insurance Company to pay a $300,000 balance owing on a settlement judgment,…
Data breach defendant must hand over computer forensics reports: court
June 26, 2018 by Greg MeckbachAn Ontario casino facing a class-action lawsuit over a data breach has lost its bid to prevent plaintiffs from getting their hands on part of a computer forensics investigation report. The casino claimed the report was protected by litigation privilege…
Insurer owes $234K in priority dispute when “named insured” is not the actual car owner
June 22, 2018 by David GambrillOntario’s Motor Vehicle Fund has recovered $234,574 in a priority dispute arising when GAN Canada Insurance (since acquired by Aviva Traders) sent a policy termination notice in 2001 to a named insured who was not the owner of the car…
Court ruling calls independence of auto claims dispute arbitrators into question
June 22, 2018 by Greg MeckbachThe Ontario Licence Appeal Tribunal’s first ruling on whether an auto accident claimant is catastrophically impaired has been quashed by a three-judge Divisional Court panel. The decision-making process at LAT “creates a reasonable apprehension of lack of independence” on the…
Auto injury lawsuit involving restaurant tip income could reach Canada’s highest court
June 21, 2018 by Greg MeckbachA Victoria, B.C. auto accident victim who was awarded about a quarter of what she asked for in a lawsuit is hoping to appeal to the Supreme Court of Canada. A central issue in the case is the verification of…