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How much leeway does a condo corporation have when conducting repairs?

October 18, 2019 by Jason Contant

If a condo corporation enters your client’s unit to repair suspected flood damage but finds other hazards, can they complete those additional repairs instead and seek reimbursement from the unit owner? It would appear not, if the factors of the…

News ClaimsClaims CanadaLegal

Supreme Court of Canada mulls liability for reputational harm from tainted meat

October 17, 2019 by Greg Meckbach

If a restaurant loses business because it served meat from a batch later discovered to be unsafe, is the supplier of that meat liable, in tort, to the restaurant for its economic loss due to a tarnished reputation? That question…

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How much does auto insurer owe an injured claimant who cannot go to school?

October 11, 2019 by Greg Meckbach

Saskatchewan’s government-run auto insurer has won a victory of sorts before the Supreme Court of Canada arising from a disputed accident benefits claim, although the carrier lost its key argument. Canada’s top court announced Thursday it will not hear an…

News Claims CanadaLegal

Alberta grocer’s subrogated $761,000 profit loss claim before the courts

October 9, 2019 by Greg Meckbach

After an Alberta shopping mall experienced its fourth roof collapse, an IGA supermarket lost millions in sales because it had to close for more than six months. A business interruption claim of nearly $800,000 followed, but the calculation of the…

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Why this homeowner lost legal battle with neighbour over basement water problem

October 8, 2019 by Greg Meckbach

A Toronto homeowner who experienced basement water infiltration has lost his bid to sue the neighbours uphill from him for more than $83,000. In 2014, Chester Dawes bought his home, between the Humber River and High Park, in what used…

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How liability works when pedestrian wearing dark clothing gets hit at night in crosswalk

October 2, 2019 by Greg Meckbach

The wife of an Abbotsford, B.C. insurance broker has been awarded nearly $574,000 as a result of a vehicle accident, but the award would have been $765,000 had the plaintiff not been found partly liable for the accident. She was…

News ClaimsInsuranceLegal

Did the other driver admit fault? Get it in writing.

September 26, 2019 by Jason Contant

B.C.’s small claims court found no fault with the way the Insurance Corporation of British Columbia (ICBC) assessed liability for a motor vehicle accident, despite a complaint that the insurer did not follow up on an admission of guilt by…

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Intact loses court battle over voiding auto policy for misrepresentation

September 26, 2019 by Greg Meckbach

If an Ontario auto insurer discovers a client made a material misrepresentation or non-disclosure in its application, could the insurer treat the policy as invalid to being with? Not now. Or at least, not if the fact situation is the…

News AdjustersClaims CanadaLegal

‘Boilerplate’ reasons for denying auto claims don’t cut it: Court

September 25, 2019 by Greg Meckbach

Ontario’s Divisional Court ruled this week against Aviva Canada, which wants to challenge a Licence Appeal Tribunal ruling in favour of an auto accident benefits claimant. The case involves how Aviva denied the claim, which was to check a box…

News Claims

Insurer wins dispute over stolen vehicle claim

September 19, 2019 by Jason Contant

The Insurance Corporation of British Columbia (ICBC) was justified in denying an insured’s claim for making a wilfully false statement in connection with a stolen vehicle, the province’s Civil Resolution Tribunal (CRT) has ruled. ICBC determined the stolen vehicle was…

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Why 24-hour driving bans have lawyers arguing in this province

September 18, 2019 by Greg Meckbach

Despite a “poorly-worded” section of the British Columbia Motor Vehicle Act, a 24-hour driving prohibition against a suspected impaired driver has been restored in a recent appeal court ruling. In July of 2017, Patrick George Franlin Evans was told by…

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Judges & insurers disagree: Who really rented this truck?

September 13, 2019 by Greg Meckbach

A 2018 Ontario court ruling in favour of Wawanesa, arising from a collision involving a truck rented to deliver furniture, has been overturned on appeal. On Oct. 29, 2010, Hy Kiet Liu was in a vehicle that was rear-ended by…