Canadian Underwriter

Topic
Legal


Canadian Prime Minister Justin Trudeau looks on as Deputy Prime Minister and Finance Minister Chrystia Freeland speaks during a news conference announcing the Emergencies Act will be invoked to deal with protests, Monday, February 14, 2022 in Ottawa. Trudeau says he has invoked the Emergencies Act to bring to an end antigovernment blockades he describes as illegal and not about peaceful protest. THE CANADIAN PRESS/Adrian WyldTHE CANADIAN PRESS/Adrian Wyld
News InsuranceLegal

What we know about suspending insurance under The Emergencies Act

February 16, 2022 by Alyssa DiSabatino

Canada’s federal government has begun to provide some clarity around the wording and application of its newly released Emergency Economic Measures Order, but the insurance industry still isn’t clear on how exactly it will be enacted, and industry observers and

Paper and pulp mill
News ClaimsCommercial LinesConstructionInsuranceLegal

Insurers lose privilege bid after mill’s internal explosion investigation

February 11, 2022 by David Gambrill

Six insurance companies and a pulp and paper manufacturing company, Fortress Specialty Cellulose, have lost their bid to have a PowerPoint presentation about the cause of a commercial explosion protected under litigation privilege. In rejecting their argument, the Superior Court

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News InsuranceLegalLegislation / Regulation

Canada’s top court weighs in on HST case concerning accident benefits

January 24, 2022 by David Gambrill

Claimants who sought a settlement with insurers over HST being deducted from their accident benefits have lost their bid to have their claims certified as class actions. The Supreme Court of Canada rejected leave to appeal the case on Jan.

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News ClaimsInsuranceLegalLegislation / Regulation

Court sides with insurer in multi-million-dollar spat over sublimits

January 21, 2022 by David Gambrill

B.C.’s Supreme Court has upheld an insurer’s insistence that a mining company’s business interruption losses were subject to a $10-millon sublimit and not to the full policy limit of $250 million. That said, the court did not agree with the

Dealer hands over car key to buyer
News ClaimsClaims CanadaInsuranceLegal

Court favours insurer in case that differentiates between leasing and financing

January 14, 2022 by David Gambrill

B.C.’s public insurer is off the hook to pay for vandalism damage done to a car that was jointly owned by the driver and his finance company, because the arrangement between the two car owners was not a true lease.

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News BrokersClaimsInsuranceLegal

Court gets tough in $10-million “emotional distress” case

January 12, 2022 by David Gambrill

Canadian courts are starting to get tough on potentially vexatious claimants, including insurance claimants, as seen in a Jan. 7 decision by the Court of Queen’s Bench in Alberta. In Sun v. Allwest Insurance Services, the Alberta court referred to

News ClaimsClaims CanadaCommercial LinesInsuranceLegalReinsuranceRestoration

Excess of loss case should be heard in Canada, not New York: court

January 10, 2022 by David Gambrill

Several excess insurers have lost their bid to have a lawsuit take place in New York instead of Ontario in a mining insurance case brought before the Ontario Superior Court of Justice. Nine of 22 excess insurers argued that the

News ClaimsClaims CanadaInsuranceLegal

Insurer cleared in case of hearing aid replacement mix-up

January 7, 2022 by David Gambrill

A home insurer has been cleared of any liability after a hearing aid supplier produced a different brand of ear phones than had been cited in the initial insurance quote, B.C.’s civil resolution tribunal has found. The small claims court

News ClaimsClaims CanadaInsuranceLegal

Appeal Court overturns $350K bad faith award against public insurer

January 5, 2022 by David Gambrill

Manitoba’s Court of Appeal has overturned a $348,000 damage award against the province’s auto insurer, finding that the insurer did in fact act in good faith towards a person injured in a collision involving an uninsured auto. In making its

News ClaimsClaims CanadaLegal

Lawsuit arising from 1982 vehicle accident dismissed in 2021

December 20, 2021 by Greg Meckbach

A negligence lawsuit against a plaintiff’s lawyer by an Ontario claimant who was injured in a 1982 motor vehicle accident has been thrown out of court. The claimant settled his accident benefits and tort claims in 1999, when he was

News ClaimsClaims CanadaInsuranceLegalRestoration

Strata owner not liable for common-area water damage

December 14, 2021 by Greg Meckbach

A strata corporation can’t recover $25,000 towards water damage repairs originating from a unit owner’s broken toilet water supply line, the British Columba civil resolution tribunal has ruled. On June 23, 2019, water leaked out of a strata lot. The

News ClaimsClaims CanadaEngineeringLegalRestoration

Why pollution liability brokers should pay attention to this auditor general report

December 9, 2021 by Greg Meckbach

The Ontario government should re-visit a rule that leaves polluters off the hook for hazardous spills that cost less than $10,000 to clean up, the province’s auditor general suggests. In 2016, the Ontario environment ministry [now called the Ministry of