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New judge represented Insurance Bureau at Supreme Court of Canada

May 9, 2019 by Greg Meckbach

A lawyer who represented the Insurance Bureau of Canada at the Supreme Court of Canada in impaired driving cases as been appointed to the bench. Stikeman Elliott LLP partner Nicholas McHaffie was named a Federal Court of Canada judge and

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Why this claimant cannot sue over auto collision

May 2, 2019 by Greg Meckbach

A motorist should have known he was listed by his insurer as an excluded driver, an Ontario court has ruled. Johnathon Trudeau filed a lawsuit against David Cavanagh as a result of a 2013 vehicle collision in Espanola. Trudeau also

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Why the court says this auto insurer did not properly terminate policy

April 30, 2019 by Greg Meckbach

An auto insurance company cannot necessarily treat a policy as invalid under common law if it discovers the client made a material misrepresentation on the application, the Court of Appeal for Ontario has ruled. In Merino v. ING Insurance Company

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Supreme Court to consider insurer’s medical examiner defamation suit against lawyer

April 26, 2019 by Greg Meckbach

A $15-million defamation lawsuit by a doctor who examines accident benefits claims on behalf of auto insurers is headed to the Supreme Court of Canada. The top court announced Thursday it will hear an appeal of Platnick v. Bent, released Aug.

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Toronto van attack survivor deemed catastrophically injured

April 22, 2019 Paola Loriggio - THE CANADIAN PRESS

TORONTO – Aleksandra Kozhevnikova doesn’t remember being hit by the van that careened through north Toronto and mowed down pedestrians on a busy thoroughfare last April. Nor does the 92-year-old woman, one of the 16 injured who survived, want to

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Can a Family Law order force someone to “insure” a vehicle?

April 22, 2019 by David Gambrill

Can a court order a cube van owner under the Family Law Act to “insure” a vehicle that is to be transferred over to an ex? No, the Supreme Court of British Columbia ruled recently. Sukhvir Singh Athwal and Jessie

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Condo flooding liability 101

April 18, 2019 by David Gambrill

You are the owner of a condo unit. The toilet in the condo unit above you overflows, causing water damage to your ceiling and floor. No, your upstairs neighbour does not have to reimburse you for your $1,000 insurance policy

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Owner of deliberately burned Manitoba store ordered to repay

April 12, 2019 THE CANADIAN PRESS

WINNIPEG – A judge has ruled a fire that destroyed a hardware store in the western Manitoba town of Neepawa more than four years ago was deliberately set. The decision follows a lawsuit filed by the owner of the Home

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How this dry cleaner got sued over 50-year-old pollution

April 11, 2019 by Greg Meckbach

An Ottawa dry cleaner is liable for nearly $2 million in environmental clean-up costs resulting from spills that occurred at least 45 years ago, as a result of a Supreme Court of Canada ruling released Thursday. The top court’s ruling

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Ontario city partly liable in collision that injured four

April 8, 2019 by Greg Meckbach

A recent Supreme Court of Canada decision means the City of Hamilton is partly liable in a motor vehicle bodily injury lawsuit because there was no painted stop line immediately before an intersection. On June 16, 2007, a vehicle driven

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Judgement against Lloyd’s quashed in disputed claim over diamond eagle statue theft

April 8, 2019 THE CANADIAN PRESS

VANCOUVER – A protracted court battle over a gold, diamond-studded eagle statue has landed in favour of a major insurance company, which will now be allowed to challenge a claim over the treasure that was allegedly stolen in the Vancouver

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Does a business have to highlight a waiver of liability to a client?

April 4, 2019 by David Gambrill

A flood in an Alberta community centre flood has once again raised the legal issue of whether a claimant is obligated to read a commercial services contract thoroughly, or whether the defendant is obligated to highlight any waiver of liability