Topic
Legal
Cyber attack in Canada spawns $60 million lawsuit
March 29, 2019 By Colin Perkel - THE CANADIAN PRESSTORONTO – As many as 200,000 people may have had their personal information stolen in a hack on servers at one of Ontario’s most popular casinos, a lawyer for the plaintiffs pressing a proposed class action argued on Thursday. However,…
Do your insureds understand a “material change in risk”?
March 29, 2019 by Jason ContantIt’s not necessary for an insurer to prove that an insured knew a change in risk was “material” to the carrier, the Supreme Court of British Columbia has ruled. In May 2014, Wawanesa Mutual Insurance Company voided a homeowner’s policy…
Why this insurer does not have to pay additional living expenses for campground fees
March 29, 2019 by Greg MeckbachAn insurance company does not have to pay a flood victim the cost of living in a campground because that client had a pre-booked vacation trip, the British Columbia civil resolution tribunal has ruled. Patrick Strange took the Canadian Northern…
How harassment lawsuit ruling affects insurers
March 28, 2019 by Greg MeckbachDespite a recent ruling that harassment is not a free-standing tort in Ontario, corporate clients and their brokers still need to view harassment accusations as a serious liability risk. In Merrifield v. The Attorney General, released in 2017, Justice Mary Vallee…
How $15-billion Quebec class-action award affected this company
March 26, 2019 THE CANADIAN PRESSMONTREAL – Rothmans, Benson & Hedges has become the third tobacco company to receive a temporary reprieve from compensating 100,000 Quebec smokers after securing creditor protection in an Ontario court on Friday. Imperial Tobacco Canada and JTI-Macdonald Corp. were both…
How privacy breach lawsuit could get more expensive for Equifax
March 25, 2019 by Greg MeckbachEquifax may have to defend itself against separate privacy class action lawsuits in at least two Canadian provinces as a result of a cyber breach in 2017. A cyber insurance claim can be triggered when a client is subject to…
Eight years jail time for truck driver in Broncos bus crash
March 22, 2019 Bill Graveland and Stephanie Taylor - THE CANADIAN PRESSMELFORT, Sask. _ A truck driver who caused the deadly Humboldt Broncos crash has been sentenced to eight years in prison. Jaskirat Singh Sidhu of Calgary had pleaded guilty earlier this year to 29 counts of dangerous driving. He stood…
Why appeal court quashed this punitive damage award
March 21, 2019 by Greg MeckbachIf your client is successfully sued for being vicariously liable for the behaviour of a sexual offender, should that client have to pay punitive damages simply for not admitting liability before the trial? Judges are not unanimous on this issue.…
This Supreme Court ruling could drive environmental insurance sales
March 19, 2019 by Greg MeckbachBrokers could see more demand for environmental liability insurance because of a recent Supreme Court of Canada ruling in favour of the Alberta Energy Regulator, a Toronto underwriter suggests. In Orphan Well Association v. Grant Thornton Ltd., the Supreme Court…
Top court sides with insurer in unidentified vehicle coverage dispute
March 14, 2019 by Greg MeckbachA Supreme Court of Canada decision released today means Wawanesa Mutual Insurance Company does not have to cover a claimant who says he drove off the road to avoid an oncoming vehicle. Andrew Funk was injured after he drove his…
Quebec reaches deal to compensate motorists trapped on highway after 2017 storm
March 14, 2019 THE CANADIAN PRESSMONTREAL – The Quebec government has agreed to compensate motorists who were trapped for hours on a major Montreal highway in March 2017 following a massive snowstorm. Lawyers representing plaintiffs in a class action lawsuit said today they reached an…
Four years in jail for driver who was texting before fatal crash
March 13, 2019 Stephanie Marin - THE CANADIAN PRESSMONTREAL – A Quebec man convicted of killing another driver and injuring two teenagers while texting at the wheel has been sentenced to four years in prison. Martin Carrieres, 39, had exchanged more than 30 text messages while driving on…