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How COVID-19 vaccine side effects impact liability risk

January 12, 2021 by Greg Meckbach

Some people could suffer side effects from a COVID-19 immunization, but the vaccine manufacturers have a number of protections that minimize their liability risk, Canadian lawyers suggest. Prime Minister Justin Trudeau was quoted last week by The Canadian Press as…

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Three ways of reducing your client’s risk of false slip-and-fall claims

January 11, 2021 by Greg Meckbach

Installing video systems, keeping an eye out for obstructions on the property and asking claimants for all names they have used in the past are among the techniques your clients can use to protect themselves from fraudulent slip-and-fall claims. Slip…

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What Supreme Court says about liability risk for contract breach

January 11, 2021 by Greg Meckbach

A recent Supreme Court of Canada ruling in favour of a property maintenance firm has several liability risk management takeaways when it comes to contracting for commercial clients. C.M. Callow Inc. had property maintenance contracts in 2012-14 for a group…

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Regulator’s pilot project to start scenario-testing for climate change risks

January 7, 2021 by David Gambrill

Canada’s solvency regulator has introduced a pilot project in 2021 to conduct scenario testing of the impact of various climate-related risks on financial institutions’ bottom lines. “The first step of the pilot project is to develop a Canada-relevant set of…

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Impeding, hindering or preventing: Do these mean the same thing in business interruption insurance?

January 6, 2021 by Greg Meckbach

Say your client has a policy covering business interruption if the government prevents access to the premises. A pandemic breaks out. Say that client is not completely prohibited from conducting business, but is still losing sales because the government is…

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Mystery solved: Phantom passenger loses accident benefits case

January 6, 2021 by David Gambrill

Ontario’s Licence Appeal Tribunal (LAT) has denied accident benefits to a claimant who said she had been injured in an auto collision, finding that the claimant could not prove she was actually in the car when the accident happened. Maxine…

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How an insurer became embroiled in this body shop’s lawsuit against an auto dealer

January 6, 2021 by Greg Meckbach

A collision repair centre is suing an auto dealership firm that stopped referring work to it amid unproven allegations that the body shop submitted false or fabricated invoices to Aviva Canada, recent Ontario court documents show. In 2013, a firm…

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The difference between pandemic BI coverage and pushing a bus off a cliff

January 5, 2021 by Greg Meckbach

Commercial clients who bought insurance covering a disease outbreak within 25 miles of their premises did not buy coverage for business interruption from a pandemic on a national scale, insurance company lawyers are telling the United Kingdom Supreme Court. Worldwide,…

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Britain’s regulator challenges ruling in favour of insurers over pandemic BI coverage

January 4, 2021 by Greg Meckbach

The appearance of the word “event” in a “disease radius” clause in business interruption insurance contract could be instrumental in determining whether the client is covered during a pandemic. In a ruling released Sept. 15, the High Court of England…

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Missing signature takes homeowner off the hook for paying restoration service bill

January 4, 2021 by Greg Meckbach

A restoration firm dispatched by an insurer to respond to water damage at a British Columbia strata unit cannot collect the nearly $1,400 the contractor says the client owes for emergency services. This is the result of a recent British…

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Why it took four years to add snow removal contractor as a defendant in this slip-and-fall claim

January 4, 2021 by Greg Meckbach

A landscaping firm with a contract to spread salt and sand during the winter has been added as a defendant in a personal injury lawsuit in Ontario more than four years after an alleged slip-and-fall accident. 1323765 Ontario Inc., which…

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How family protection endorsement works when multiple tortfeasors liable

December 16, 2020 by Greg Meckbach

A Court of Appeal for Ontario ruling that reduced an Ontario auto insurer’s liability by more than $500,000 is now final. The Supreme Court of Canada announced Dec. 10 it will not hear an appeal from Gregory Tuffnail, who was…