Topic
Legal
This province seeks insurers’ input on joint and several liability reform
March 5, 2019 by Greg MeckbachThe Ontario government wants to hear from insurance companies on the controversial joint and several liability rule, which some say is unfair to deep pockets defendants. “What we are looking for is consultation with the lawyers, the insurance industry, et…
Latest Canadian statistics on slips and falls on ice
February 28, 2019 Adina Bresge - THE CANADIAN PRESSAll it took was one foul step, and Ahsher Zeldin was in for at least a week of pain. Last Thursday, Zeldin was taking his two dogs out for an early morning stroll in north Toronto when a patch of…
$75-million shareholders’ lawsuit proposed against SNC Lavalin
February 26, 2019 THE CANADIAN PRESSSNC-Lavalin Group Inc. faces new legal troubles as a shareholder aims to launch a class action lawsuit in connection with the criminal charges against the embattled engineering firm. Law firm Strosberg Sasso Sutts LLP has filed a proposed class action…
Your landlord agrees to insure the property. Why the landlord can still subrogate against you
February 25, 2019 by Greg MeckbachA Thunder Bay restaurant operator has lost its bid to block an insurer from filing a subrogated claim arising from a fire. The Supreme Court of Canada announced Feb. 21 it will not hear an appeal from the Sushi Station…
How landmark voyeurism ruling impacts insurers
February 22, 2019 by Greg MeckbachIf your client is sued for breach of privacy, the judge could look to last week’s voyeurism ruling by the Supreme Court of Canada for guidance, a privacy lawyer suggests. In R. v. Jarvis, released Feb. 14, the Supreme Court…
Are cannabis edibles a “drug”? What adjusters should be asking
February 22, 2019 by Jason ContantClaims adjusters’ questions should address potential policy wording dilemmas related to the upcoming legalization of cannabis edibles later this year, a lawyer told Canadian Underwriter recently. For example, consider the following question in the context of edible cannabis (or even…
Next step for $2-billion building collapse lawsuit against Loblaws
February 21, 2019 by Greg MeckbachA $2-billion class-action lawsuit against Canada’s largest food retailer could reach the Supreme Court of Canada. The bodily injury lawsuit against Loblaw Companies Limited was filed in 2015 in Ontario by victims of a 2013 commercial building collapse in Bangladesh.…
AB case generates massive confusion around “but for” causation test
February 21, 2019 by Jason ContantA recent Ontario accident benefits case has highlighted ongoing confusion about how to identify and apply the proper causation test — including the contentious “but for” clause. The case revolves around whether the “but for” test of causation or the…
A driver is convicted of assault after a collision. Is the vehicle’s owner vicariously liable for the crash?
February 13, 2019 by Greg MeckbachThe registered owner of a pickup truck could be held liable for injuries to an accident victim even though the at-fault driver of the pickup truck was convicted of assault as a result of a collision, the Court of Appeal…
Lawsuit over flooding, catch-basin access could reach Supreme Court
February 11, 2019 by Greg MeckbachA property owner who was sued for more than $100,000 over laneway flooding is hoping to appeal to the Supreme Court of Canada. Marilyn Marks owns commercial property in the community of Tottenham, Ont., about 40 kilometres north of Toronto…
Top court won’t hear appeal of controversial waiver decision
February 7, 2019 by Greg MeckbachA 2018 Court of Appeal for Ontario ruling on waivers, described as “great news” for liability insurers, is now final. The Supreme Court of Canada announced Thursday it will not hear an appeal of Schnarr v. Blue Mountain Resorts Limited,…
The changes to B.C. auto injury lawsuit rules that this review recommends
February 7, 2019 THE CANADIAN PRESSVICTORIA – A review of legal cases involving British Columbia’s public insurer says despite public perception, the agency isn’t lowballing claimants in its settlement offers. The review conducted by legal counsel in the Ministry of the Attorney General was released…