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News Legal

Insurer prevails where vehicle driven without owner’s consent

November 22, 2018 by Greg Meckbach

Alberta Motor Association Insurance Company does not have to pay a claimant who was injured while riding in a vehicle driven without the owner’s consent. The Supreme Court of Canada announced Thursday it will not hear an appeal from Ashley

News EngineeringLegal

Why this simple collision claim needed multiple forensic reports

November 21, 2018 by Greg Meckbach

A motorist who was successfully sued for rear-ending a vehicle on an icy road has to reimburse the plaintiff $23,000 for forensic engineering reports. Margaret Ozimkowski was driving home from work Jan. 23, 2012 after dusk in freezing rain. She was

News ClaimsLegalLegislation / Regulation

Limo service sued over collision that killed 20

November 20, 2018 THE ASSOCIATED PRESS

ALBANY, N.Y. – The operators of a limousine that crashed and killed 20 people in upstate New York were grossly negligent in putting the “dangerous and defective” vehicle on the road, according to a lawsuit filed Monday by one of

News BrokersLegal

How this broker’s exclusive insurer deal went pear-shaped

November 18, 2018 by Greg Meckbach

A British Columbia broker that got acquired by a unit of The Co-operators Group Ltd. is in breach of contract with RSA Canada-owned Canadian Northern Shield, an Ontario court has ruled. In 2008, Vancity Insurance Services Ltd. was a brokerage

News ClaimsLegalLegislation / Regulation

Priority dispute can proceed in mechanic test-drive case

November 15, 2018 by Greg Meckbach

Canada’s highest court announced Thursday it will not hear a dispute arising from a vehicle repairman who got hurt while test-driving a customer’s car. The dispute is over a provision in Ontario Regulation 283/95 that sets out rules for auto

News InsuranceLegalMarkets / Coverages

Is seven months too long to wait for car repairs?

November 14, 2018 by Jason Contant

A B.C. small claims tribunal has dismissed a driver’s claim that his repair shop negligently misrepresented the amount of time it would take to repair his vehicle. Jizhou Zhang sought an award of $4,500 for the loss of use and

News ClaimsInsuranceLegal

How often are people scamming insurers with cheque fraud?

November 14, 2018 by Jason Contant

Insurance fraud is again in the news, after a Moncton, N.B. man was sentenced to 30 days in prison and 18 months probation for illegally intercepting two insurance cheques sent to an Aviva Canada insured. Just how prevalent is cheque

News BrokersInsuranceLegal

Brokers, do your auto insurers cover HST on capped benefits?

November 14, 2018 by Greg Meckbach

Brokers placing Ontario auto coverage should ask insurers whether they are including sales tax when they calculate caps on benefits, a lawyer told Canadian Underwriter Tuesday. Ontario consumers must pay 13% Harmonized Sales Tax on many goods and services. Some

News ClaimsLegal

Head injuries from pro hockey a ‘hotly litigated matter’

November 13, 2018 Stephen Whyno - THE ASSOCIATED PRESS

The National Hockey League announced a tentative $18.9 million settlement Monday with more than 300 retired players who sued the league and accused it of failing to protect them from head injuries or warning them of the risks involved with

News ClaimsLegal

Homeowner sued by victims of impaired driving accident

November 12, 2018 by Greg Meckbach

A host liability lawsuit, arising from a fatal drunk driving accident, is proceeding to trial in Ontario. A recent Court of Appeal for Ontario ruling shows judges disagree on how the 2006 Supreme Court of Canada ruling in Childs v. 

News Legal

New Brunswick pulp and paper firm fined $3.5 million for pollution

November 6, 2018 THE CANADIAN PRESS

SAINT JOHN, N.B. – Irving Pulp and Paper Ltd. has been hit with one of largest penalties ever imposed in Canada for an environmental violation. The company, based in Saint John, N.B., was fined $3.5 million Monday for dumping improperly

News InsuranceLegal

Top court could hear disputed claim arising from $550-million ponzi scheme loss

November 5, 2018 by Greg Meckbach

A major bank’s disputed $300-million professional liability insurance claim – arising from a Ponzi scheme in Florida – could reach the Supreme Court of Canada. Toronto-Dominion Bank bought an insurance policy from a syndicate of insurers, including Lloyd’s Underwriters in