How this ‘gap’ in privacy law affects tow-truck operators
December 13, 2018 by Greg MeckbachIf your client’s vehicle is towed in Manitoba, the auto insurer will not normally tell the towing company who owns the vehicle. “There is a gap in the [Manitoba privacy] legislation or, at a minimum, the administrative practices of the…
Paid Recreational Cannabis Legalization: Are your HR policies ready?
December 10, 2018 by David Smagata, DASDid you know, medical cannabis has been legal in Canada since 1999? Since then there have been numerous amendments to the laws, as well as a significant increase in Canadians who have purchased medical cannabis. According to Health Canada…
Is your client liable for canoeing while impaired?
December 7, 2018 by David GambrillYes, it is a criminal offence for your client to canoe while impaired. The Ontario Court of Justice recently ruled that canoes are in fact “vessels” under the Criminal Code. The question came up in a trial of an Ontario…
Court weighs in on approach for deducting accident benefits from tort damages
December 6, 2018 by Jason ContantAn Ontario court has ruled that accident benefits should be deducted from tort damages using a “silo” approach rather than a strict matching (“apples-to-apples”) approach. In a lengthy and complex decision covering a wide variety of legal points, the Court…
Disputed claim from $1.2-billion ponzi scheme goes to trial in Ontario
December 3, 2018 by Greg MeckbachA $300 million professional liability insurance claim from a bank could be the subject of a court trial in Ontario. The Supreme Court of Canada announced last week it will not hear an appeal of Toronto-Dominion Bank, N.A. v. Lloyd’s…
Auto insurers’ bitter costs dispute draws rebuke from judge
November 29, 2018 by David GambrillA bitter cost dispute between two auto insurers over an abandoned court action has led to a rebuke from a judge, who ordered Wawanesa to pay Dominion its legal fees. In doing so, Ontario Superior Court Justice Darla A. Wilson…
Landlord sued over $16,000 water leak wins appeal
November 28, 2018 by Greg MeckbachA major water leak from a Surrey, British Columbia strata unit has spawned debate among judges over whether landlords are liable in such cases. Crystal Thomas was renting a condo unit in Surrey in the summer of 2015. A large…
Court allows trial in case of insurer not following mortgagee’s instructions
November 22, 2018 by David GambrillA trial to determine whether The Co-operators was negligent in distributing insurance funds contrary to the instructions of a mortgagee will be allowed to continue, the Ontario Superior Court of Justice has ruled. The court denied a motion for summary…
Condo deductible dispute arises from 60-gallon flood
November 19, 2018 by Greg MeckbachWhen a store on the main floor of a condo building suffered $25,000 in losses from a flood, the strata corporation was on the hook for the $5,000 deductible. The strata corporation tried to recover the $5,000 deductible from a…
Is seven months too long to wait for car repairs?
November 14, 2018 by Jason ContantA 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…
Homeowner sued by victims of impaired driving accident
November 12, 2018 by Greg MeckbachA 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. …
Top court could hear disputed claim arising from $550-million ponzi scheme loss
November 5, 2018 by Greg MeckbachA 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…