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The ‘interpretative stumbling block’ in figuring out whether off-road vehicle accidents are insured

October 31, 2019 by Greg Meckbach

Confused about whether Ontario accident benefits applies if your client has an out-of-province accident involving a dirt bike or all-terrain vehicle? The Court of Appeal for Ontario tried to address this confusion in Benson v. Belair Insurance Company. If an

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$2.2-million credit score class action settlement with The Personal approved

October 28, 2019 by Greg Meckbach

A $2.2 million settlement of a class-action privacy lawsuit against The Personal has been approved by a judge, plaintiffs’ law firm Waddell Phillips Professional Corporation announced Monday. The lawsuit arose after The Personal asked some auto claimants if it could

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Expert witness rule in auto personal injury lawsuits deemed unconstitutional

October 25, 2019 by Greg Meckbach

A 22-year-old Supreme Court of Canada ruling in favour of a marine cargo insurer is a sword that could cut the other way for Canadian auto insurers. The British Columbia government brought in a rule this past March limiting parties

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Oilsands carbon liability at centre of fraud lawsuit

October 24, 2019 by Jason Contant

Alberta’s oilsands are at the centre of a closely watched court battle in New York today. The state’s attorney general is accusing Exxon Mobil of misrepresenting the risks the operations face as governments move to fight climate change. Court documents

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The big question mark on supply chain liability risk

October 23, 2019 by Greg Meckbach

What liability risk do Canadian corporate clients face if they have supply chains in countries where workers are vulnerable to abuse or unsafe working conditions? It’s an open question right now, but brokers could get some guidance once the Supreme

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Class action lawsuit filed over crane toppled by Dorian

October 22, 2019 The Canadian Press

HALIFAX – A proposed class action lawsuit is looking to recover losses sustained by businesses and residential tenants displaced by the collapse of a construction crane in downtown Halifax last month during post tropical storm Dorian. A notice of action

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Why Supreme Court of Canada is looking at risk-based underwriting

October 21, 2019 by Greg Meckbach

Does the federal government have the power to prohibit insurers from asking consumers questions that carriers say are material to their risk? This question was recently put to the Supreme Court of Canada in a life insurance context. “Risk-based underwriting

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Investigation continues after van dragged pedestrian several blocks

October 21, 2019 THE CANADIAN PRESS

VANCOUVER – A 24-year-old woman must undergo multiple surgeries to reconstruct her face after a van dragged her for several blocks in downtown Vancouver last weekend An online fundraising page for the woman, only identified as Desiree, says doctors at

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How much leeway does a condo corporation have when conducting repairs?

October 18, 2019 by Jason Contant

If a condo corporation enters your client’s unit to repair suspected flood damage but finds other hazards, can they complete those additional repairs instead and seek reimbursement from the unit owner? It would appear not, if the factors of the

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Supreme Court of Canada mulls liability for reputational harm from tainted meat

October 17, 2019 by Greg Meckbach

If a restaurant loses business because it served meat from a batch later discovered to be unsafe, is the supplier of that meat liable, in tort, to the restaurant for its economic loss due to a tarnished reputation? That question

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Another province joins class action lawsuit against opioid manufacturers, distributors

October 16, 2019 Bill Graveland - THE CANADIAN PRESS

CALGARY – The Alberta government is joining a class-action lawsuit to recoup health-care costs related to the opioid crisis, the province’s health minister said Tuesday. Tyler Shandro said there were almost 800 fatal overdoses and 4,200 emergency calls related to

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How much does auto insurer owe an injured claimant who cannot go to school?

October 11, 2019 by Greg Meckbach

Saskatchewan’s government-run auto insurer has won a victory of sorts before the Supreme Court of Canada arising from a disputed accident benefits claim, although the carrier lost its key argument. Canada’s top court announced Thursday it will not hear an