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Can motorists raise doubts about accuracy of a breathalyzer test?

January 31, 2018 by Greg Meckbach

When a motorist is charged with impaired driving, the Crown attorney should not automatically have to gather and turn over to the defendant all maintenance records on the breathalyzer that was used in the case, the Ontario government suggests. The

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How Ontario tribunal looks at professional attendant care providers

January 31, 2018 by Jason Contant

The Ontario Licence Appeal Tribunal (LAT) seems to have extended the categories of individuals who are found to be professional providers for the purposes of attendant care, Philippa Samworth, partner at Dutton Brock LLP, said on Tuesday. Speaking at the

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Tribunal decision imperils limitation periods in auto claims

January 30, 2018 by Jason Contant

The Insurance Act is just one act to consider among all the other factors when dealing with the two-year limitation period in statutory accident benefits disputes, the Ontario Licence Appeal Tribunal (LAT) has found. “So that’s frightening,” Philippa Samworth, a

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Why brokers should ask clients about their human resource departments

January 30, 2018 Greg Meckbach, Associate Editor

By asking if a business client has a human resources department, a broker can quickly find out about that client’s liability exposure. If a client’s business has an HR person or a legal advisor, that “tends to really decrease liability

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Gift cards–a new way to reduce liability

January 26, 2018 by David Gambrill

You are providing risk advice to a company accused of wrongdoing. What do you think about your client offering voluntary gift cards as a strategy to reduce liability? The question is currently before the Ontario Superior Court of Justice in

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A new way of getting things done in insurance litigation

January 26, 2018 Strigberger Brown Armstrong LLP

TORONTO, January 26, 2018  /insPRESS/ – “Something new” happened on January 8, 2018, as Strigberger Brown Armstrong LLP opened its doors. The 14-lawyer firm, split between offices in Toronto and Waterloo, will provide a full range of legal services to

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Home inspector out $13,000 for leaky foundation advice

January 25, 2018 by Greg Meckbach

A home inspector was successfully sued for more than $13,000 in British Columbia for not advising buyers of a leaking Chilliwack home to fix foundation cracks. In a ruling released Monday, Provincial Court of British Columbia Justice Kenneth Skilnick ruled

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Coffee burn case sees courts flip-flop on vicarious liability

January 24, 2018 Greg Meckbach, Associate Editor

A recent Ontario court ruling against a coffee shop serves as a warning to defendants that individual employees can be named personally in personal injury lawsuits against corporations. “There is no general rule in Canada that an employee acting in

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Nova Scotia court dismisses auto liability case — after an 18-year delay

January 22, 2018 by David Gambrill

Would you be prepared to wait almost two decades to defend your insured policyholder in an uncomplicated auto liability case? One insurer stuck it out for 18 years until finally, on Jan. 19, 2018, the Supreme Court of Nova Scotia

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Government insurer sees drunk driving offences plunge

January 22, 2018 by Jason Contant

December 2017 saw the lowest number of impaired driving offences reported that month in the four years since Saskatchewan Government Insurance (SGI) began doing its monthly traffic safety spotlights, even with increased enforcement. “Overall, we think attitudes are changing in

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Change course on coverage? Be clear that’s it’s not a settlement.

January 19, 2018 by David Gambrill

If an insurer changes course midway through a claim — offering coverage, for example, when that coverage was previously denied — it will need to clarify that its change of position does not constitute an offer to settle before taking

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Is a cab company vicariously liable if a sex assault is alleged?

January 19, 2018 by Greg Meckbach

Canada’s top court has been asked to review a case involving the vicarious liability of a taxi company when a passenger sues the driver alleging sexual assault. In 2015, a woman filed a civil lawsuit against Kitchener-based United Taxi Limited