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A province’s second effort to limit auto trial experts is enacted into law

July 13, 2020 by David Gambrill

Stymied by a B.C. Supreme Court ruling last year in Crowder v. British Columbia (Attorney General), B.C.’s attorney general is attempting once again to change court rules to limit expert evidence in vehicle court actions – a move that is…

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How an insurer in an “underinsured” auto case reduced its exposure by more than $452K

July 7, 2020 by David Gambrill

An Ontario auto insurer in an underinsured accident case is entitled to make a subrogated claim against a third party – in this case, a bartender who was found 11% responsible for a fatal car crash — even though its…

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What the court said about parents’ liability when hosting teen drinking parties

June 25, 2020 by David Gambrill

Parents hosting a house party in which minors are drinking alcohol and smoking marijuana must be reasonable — but not perfect — when protecting teens against “foreseeable” risks, a B.C. court ruled in a recent social host liability case. The…

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This Nissan seatbelt lawsuit will have more than 100 witnesses

June 24, 2020 by Greg Meckbach

Vehicle manufacturer Nissan is facing a lawsuit in British Columbia over rear seatbelts, in a case that demonstrates how legal defence costs can multiply in a hurry. The plaintiff, Arshdeep Singh Sidhu, was nine years old in 2008 when he…

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Why waivers won’t necessarily protect clients from COVID-19 liability

June 22, 2020 by Greg Meckbach

Waivers of liability for disease transmission might protect commercial clients from lawsuits, but the industry will not know for sure until one is tested in an appeal court, a litigation defence lawyer suggests. A waiver will not, on its own,…

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How this fumbled washing machine installation led to $54,000 basement flood

June 19, 2020 by Greg Meckbach

For want of a wrench, the basement was lost. This would be one way of summing up the Provincial Court of Alberta’s ruling in Kuerbis v Broderson, which should provide food for thought to brokers placing coverage for commercial clients…

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Why Aviva Canada does not have to defend this sexual abuse lawsuit

June 18, 2020 by Greg Meckbach

Aviva Insurance Company of Canada has won an appeal in a coverage dispute arising from a teenaged kickboxer who is suing her gym after being sexually abused by an employee. The kickboxer was 14 years old on May 1, 2017…

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How Travelers won appeal over Ontario accident benefits dispute

June 17, 2020 by Greg Meckbach

When an Ontario woman was catastrophically injured in an accident in a Nunavut-plated vehicle in Nunavut, that vehicle’s insurer was initially told it had to pay Ontario accident benefits to the claimant. But in Travelers Insurance Company of Canada v.…

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When courts might rule against insurers in business interruption coverage disputes

June 11, 2020 by Greg Meckbach

A commercial insurer could end up paying for losses that the carrier never intended to cover if a business interruption insurance policy covers government orders or advice to shut down a workplace without clearly excluding something like a widespread pandemic,…

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How the lack of cyber caselaw worked against an insurer in a $75-million data breach lawsuit

June 9, 2020 by David Gambrill

The lack of cyber case law worked against an insurer in the Ontario Superior Court of Justice recently, with the court deciding that The Co-operators has a duty to defend two parties named in a $75-million cyber breach class action…

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How liability insurers will react to military report on long-term care homes

June 2, 2020 by Greg Meckbach

A recently military report on some Canadian long-term care facilities will change the way liability coverage is underwritten and could even discourage some insurers from staying in the market, a managing general agent suggests. “I think you will probably see…

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Six-figure pain and suffering judgement against Wal-Mart Canada attracts appeal court scrutiny

May 29, 2020 by Greg Meckbach

A $225,000 award in a lawsuit against Wal-Mart Canada, arising from the accidental spraying of a fire extinguisher by a worker, could be headed to the Supreme Court of Canada. The victim of the accidental spraying, Kim Manos, initially won…