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Paid Recreational Cannabis Legalization: Are your HR policies ready?

December 14, 2018 by David Smagata, DAS

  Did 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…

News InsuranceLegislation / Regulation

How this ‘gap’ in privacy law affects tow-truck operators

December 13, 2018 by Greg Meckbach

If 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…

News InsuranceLegal

Is your client liable for canoeing while impaired?

December 7, 2018 by David Gambrill

Yes, 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…

News ClaimsInsuranceLegal

Court weighs in on approach for deducting accident benefits from tort damages

December 6, 2018 by Jason Contant

An 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…

News ClaimsInsuranceLegal

Disputed claim from $1.2-billion ponzi scheme goes to trial in Ontario

December 3, 2018 by Greg Meckbach

A $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…

News InsuranceLegal

Auto insurers’ bitter costs dispute draws rebuke from judge

November 29, 2018 by David Gambrill

A 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…

News Legal

Landlord sued over $16,000 water leak wins appeal

November 28, 2018 by Greg Meckbach

A 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…

News InsuranceLegislation / Regulation

Court allows trial in case of insurer not following mortgagee’s instructions

November 22, 2018 by David Gambrill

A 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…

News ConstructionRestoration

Condo deductible dispute arises from 60-gallon flood

November 19, 2018 by Greg Meckbach

When 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…

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 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 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…