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…

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…

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…

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…

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,…

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…

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…

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.…

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,…

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…

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…

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…