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News ClaimsLegal

Judges disagree on whether this collision was a ‘true accident’

September 11, 2018 by Greg Meckbach

A motorist who is being sued by his passenger after a single-vehicle accident wants his case heard by the Supreme Court of Canada. The issue at hand is whether the single-vehicle crash was a “true accident,” in which nobody can

News EngineeringInsuranceLegal

Did settling soil or sudden water leak cause this home damage?

September 8, 2018 by Greg Meckbach

A disputed home insurance claim could go to trial because the carrier has accessed 22-year-old court records from the claimant’s divorce. In September, 2009, Douglas Cotter noticed the patio along the front of his Penticton, British Columbia home had shifted.

News InsuranceLegal

Ontario auto insurer’s examiner gets day in court

September 5, 2018 by Greg Meckbach

Last week’s court ruling against a prominent personal injury lawyer could give Ontario auto insurers’ medical examiners recourse if those doctors feel their conduct has been publicly maligned. Dr. Howard Platnick is a Toronto physician who does medical examinations for

News BrokersInsuranceLegal

When a broker leaves a brokerage, who owns the clients?

September 1, 2018 by Jason Contant

Personal relationships with clients are a critical part of a broker’s business. So, when a broker decides to leave a brokerage, who owns the clients — the broker or the brokerage? “Really, the brokerage,” said John Elwick, a partner with Alexander

News EmploymentLegal

Tim Hortons, franchisees in legal spat over shattering coffee pots

September 1, 2018 Aleksandra Sagan - THE CANADIAN PRESS

The parent company of Tim Hortons is denying a claim by a group of franchisees that the coffee pots they’re required to use have been shattering and injuring employees. Restaurant Brands International says the claims of faulty coffee pots are

News AdjustersClaimsLegalProfessional Development

How these independent claims adjusters lost their jobs

August 30, 2018 by Greg Meckbach

Some employees of Canadian independent adjusting firms have been shown the door due to bad behaviour that the #MeToo movement is bringing to the forefront, company CEOs said at the recent Canadian Claims Summit. In terms of harassment in the

News BrokersEmploymentInsuranceLegal

How to prevent brokers from poaching clients when they leave the brokerage

August 30, 2018 by Jason Contant

Insurance companies or brokerages trying to prevent employees from poaching clients should include precise and specific employment restrictions on time and geography, a commercial litigation lawyer cautioned Wednesday. To draft an enforceable non-solicitation agreement, brokerages should provide realistic parameters on

News InsuranceLegal

When parents give their kids permission to drive: the limit to ‘implied consent’

August 24, 2018 by Greg Meckbach

An Ontario auto insurer went too far in arguing that a motorist gave her son – whose license was suspended – implied permission to drive her vehicle because she left the keys on a hook while she was out of

News InsuranceLegal

Auto fraud getting worse, insurer says

August 21, 2018 by Greg Meckbach

Manitoba Public Insurance Corporation (MPI) is reporting an increase in auto insurance fraud, including false claims for income replacement benefits. “Disturbingly, the corporation’s special investigation unit is seeing an increase in fraudulent activity,” the province’s public auto insurer reported Friday.

News ClaimsLegal

People injured in Mississauga, Ont., restaurant bombing file suit against owners

August 21, 2018 The Canadian Press

TORONTO – Lawyers have filed a lawsuit on behalf of six of the 15 people injured in a bombing at a restaurant west of Toronto, alleging the business failed to take precautions to prevent the incident. Each plaintiff is suing

News InsuranceLegalMarkets / Coverages

Directors’ liability at issue in challenge to environmental protection order

August 17, 2018 by Greg Meckbach

A Saskatchewan company facing a possible fine of $1 million arising from an alleged environmental offence could have its case heard by the Supreme Court of Canada. The case centres around the validity of an environmental protection order. In Canada,

News LegalMarkets / Coverages

Court allows Just for Laughs founder to appeal class-action sexual harassment lawsuit

August 17, 2018 Stephanie Marin - THE CANADIAN PRESS

MONTREAL – Quebec’s top court will allow Just For Laughs founder Gilbert Rozon to appeal a decision that authorized a class-action lawsuit brought against him by several women for alleged harassment and sexual assault. Quebec Court of Appeal Justice Mark