Topic
Legal
Prominent insurance defence lawyer named as judge
February 5, 2019 by David GambrillInsurance defence lawyer William S. Chalmers, managing partner at Hughes Amys LLP, has been appointed a judge of the Superior Court of Justice of Ontario in Toronto. Called to the Ontario Bar in 1987, Justice Chalmers practised law at Hughes…
What stopped this $800,000 subrogated pollution claim
February 4, 2019 by Greg MeckbachA subrogated claim could go off the rails if the client is bankrupt. The Supreme Court of Canada announced Thursday it will not hear a subrogation case involving Desjardins, which applied last year for leave to appeal Douglas v. Stan…
Should a LAT member be allowed to reconsider their own decision?
February 1, 2019 by Jason ContantNew amendments to rules surrounding the Licence Appeal Tribunal (LAT) in Ontario “have sent a dagger into the heart” of one insurance defence lawyer. Effective Feb. 7, 2019, Rule 18 of the LAT will be amended to allow, among other…
Client loses lawsuit arising from automatic policy renewal
January 31, 2019 by Greg MeckbachA motorcyclist who tried to sue his insurer for renewing his policy and deducting money from his account will not have his case heard before the Supreme Court of Canada. The top court announced Jan. 31 it has turned down…
Don’t give up on commercial waivers
January 29, 2019 by Jason ContantProperly constructed and worded waivers will be upheld in court, with one commercial and insurance lawyer strongly recommending their continued use. “There are policies and procedures and ways to draft agreements where I promise you the waivers will be upheld,”…
Insurers disagree over meaning of ‘household’ in policy language
January 29, 2019 by Greg MeckbachA dispute over what exactly constitutes a “household” in a home insurance policy has reached the Court of Appeal for Ontario. Several members of the Weiner family were sued after a person drowned in 2010 in a vacation home on…
Premier Ford promises ‘solution’ to Ontario joint and several liability concerns
January 28, 2019 Allison Jones - THE CANADIAN PRESSTORONTO – Ontario is taking a look at municipalities’ concerns about a legal rule that they say causes “liability chill” and leads some to ban activities such as street hockey and tobogganing. In a speech Monday to the Rural Ontario…
How your commercial clients are exposed to pot liability even if they don’t produce cannabis
January 25, 2019 by Greg MeckbachMarijuana poses a liability risk for commercial clients even if they are not in the cannabis business, an insurance lawyer suggests. Suppose your client operates a hotel where a party takes place. If someone smokes cannabis at that party, drives,…
Your drunk client arrives home safely. Why your exposure does not end there
January 24, 2019 by Jason ContantSocial hosts owe a duty of care beyond the time when an intoxicated guest returns home safely, the Court of Appeal for Ontario has ruled in a recent decision. In more intimate settings, there is an enhanced risk, and therefore…
Trial required to confirm insured’s cash payment to broker, court finds
January 23, 2019 by David GambrillA dispute between an auto insurance claimant and a carrier over whether or not the claimant paid her broker in cash to update an auto policy is a genuine matter for trial, an Ontario court has ruled. Marie-Therese Dakane brought…
Ratepayer Bias
January 15, 2019 Annette Uetrecht-Bain, Partner, McCague Borlack LLPAre jurors in auto insurance trials “biased” because they pay insurance premiums?
One way to bullet-proof your waiver clause: Tribunal
January 14, 2019 by Greg MeckbachThe use of bold lettering and capitalization in a waiver clause helped a storage locker firm defend itself from a claim from a customer. Four storage units were broken into on Aug. 12, 2016. One of those units was rented…