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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…

News InsuranceLegal

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…

News Claims CanadaInsuranceLegal

Subrogated claim confirms obligations of homeowners using heating oil

September 6, 2019 by Greg Meckbach

If your client’s home is heated by oil supplied from an outdoor tank, do they need to conduct annual maintenance? This question came up in a recent subrogated home insurance claim. A Court of Appeal for Ontario ruling released this…

News EngineeringLegal

How an engineer failed to spot a major basement water problem

September 3, 2019 by Greg Meckbach

Three months after Edward Kent and Teresa Tomsky bought their Edmonton home, they noticed a musty smell in their basement. It turns out a foundation crack, which they were led to believe was minor, was actually quite serious. The foundation…

News InsuranceLegal

First conviction in Canada for driving a canoe while impaired causing death

August 30, 2019 by David Gambrill

For the first time in Canada, someone has been convicted of impaired driving charges causing death while paddling a canoe. “This is a unique case in that it is the first time [that] charges have been prosecuted respecting the operation…

News InsuranceLegal

Why this American auto insurer lost its priority dispute in Canada

August 26, 2019 by David Gambrill

Yes, an American auto insurer can be the priority insurer for an accident that happens in Canada. An Ontario judge found last Thursday that the priority dispute provisions in the province’s Insurance Act do indeed apply to U.S.-based insurers, thus…

News Claims CanadaInsurance

Insurers spar after passenger grabs steering wheel, causing accident

August 22, 2019 by Greg Meckbach

Should a motorist be liable if a front-seat passenger deliberately grabbed the wheel and took control, causing an accident? Insurers debate this, but judges say a client in this situation should not be liable. In McKay v. Park, released Monday,…

News ClaimsInsuranceLegal

Auto claimant awarded $200K despite court’s skepticism about his credibility

August 16, 2019 by David Gambrill

A B.C. fire dispatcher with pre-existing back pain was awarded $200,000 for his auto accident injuries, even though the Supreme Court of British Columbia also found that he was “not a reliable historian of his own condition or other events.”…

News Insurance

New laws needed to assign cyber fraud liability: Court

August 13, 2019 by Colin Perkel - THE CANADIAN PRESS

TORONTO – A deputy judge is calling for passage of clear laws on which innocent party should bear responsibility for financial losses related to cyberfraud. In calling for legislation, Ontario Deputy Judge Shane Kelford said it’s clear the law has…

News ClaimsInsuranceLegal

New hearing ordered after court finds tribunal erred in law on accident benefits

August 12, 2019 by Jason Contant

A vehicle accident victim is getting a new hearing after Saskatchewan’s appeal court found a tribunal erred in law by disregarding evidence related to the claimant’s accident-related inability to work. The Court of Appeal for Saskatchewan unanimously ruled the July…

News InsuranceLegislation / Regulation

Top court releases decision in $2-billion building collapse lawsuit against Loblaws

August 8, 2019 by Greg Meckbach

A $2-billion lawsuit against Loblaws Companies Ltd., arising from the world’s deadliest accidental building collapse ever, is essentially tossed out of court. Canada’s high court announced Thursday it will not hear an appeal from Arati Rani Das, a garment factory…

News Insurance

St. Paul Fire & Marine wins business interruption coverage dispute

August 7, 2019 by Greg Meckbach

Say a commercial insurance policy stipulates that a coverage dispute lawsuit cannot proceed unless the client launches it within a year of discovering the loss. What happens if there is business interruption both before and after start of the limitations…