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Aviva considers appeal in $3.4-million sexual abuse claims dispute

October 22, 2018 by Greg Meckbach

Aviva Canada is considering whether to seek leave to appeal to the Supreme Court of Canada after the New Brunswick Court of Appeal ruled last week that the insurer must pay a Catholic diocese about $3.4 million towards costs of…

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When keeping customer’s car keys is not “custody” of a car

October 21, 2018 by Greg Meckbach

Northbridge has to pay out on a hotel’s liability insurance policy resulting from theft of a guest’s car, the Supreme Court of Canada ruled in a decision released Friday. Lombard, now known as Northbridge, provided both property and liability insurance…

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The lengths to which this lawyer went to represent her auto accident victim

October 4, 2018 by Greg Meckbach

The Supreme Court of Canada has refused to hear the appeal of a personal injury lawyer who is out of pocket $30,000 after she tried to prevent a hospital from taking a vehicle accident claimant off life support. The lawyer…

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How this auto claimant won additional pain and suffering damages

October 1, 2018 by Greg Meckbach

The controversial 2017 Saadati ruling from the Supreme Court of Canada was one reason an auto accident victim recently got an increase in pain and suffering damages. In Saadati’s lawsuit, a judge with the Supreme Court of B.C. awarded pain…

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Car surfing covered by auto insurance, court finds

September 27, 2018 by David Gambrill

Auto insurance covers “car surfing,” in which a person rides on the top or rear of a moving vehicle, an Ontario court has found. “Car surfing or attaching oneself to a vehicle, while reckless and dangerous, is not a more…

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Three product ingredients that could cause large claims

September 13, 2018 by Greg Meckbach

If your client makes or supplies beauty care products, they could face bodily injury lawsuits if certain chemicals are present. The “toxic trio” – dibutyl phthalate (DBP), toluene and formaldehyde – are contained in some nail varnishes, body lotions, fragrances…

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Judges disagree on whether this collision was a ‘true accident’

September 11, 2018 by Greg Meckbach

A motorist who is being sued by his passenger after a single-vehicle accident wants his case heard by the Supreme Court of Canada. The issue at hand is whether the single-vehicle crash was a “true accident,” in which nobody can…

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Ontario auto insurer’s examiner gets day in court

September 5, 2018 by Greg Meckbach

Last week’s court ruling against a prominent personal injury lawyer could give Ontario auto insurers’ medical examiners recourse if those doctors feel their conduct has been publicly maligned. Dr. Howard Platnick is a Toronto physician who does medical examinations for…

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Court urges discovery plans that avoid “historical murder mystery approach to litigation”

August 30, 2018 by David Gambrill

A flooded business and their insurers have been ordered by a court to “go back to the drawing board” and come up with a discovery plan, having “fallen short of the collaborative process,” a case master for the Ontario Superior…

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How legal defence costs can be ‘gobsmacking large,’ even when you win the case

August 22, 2018 by Greg Meckbach

A recent decision by an Ontario judge shows how much a corporate client might have pay to defend itself from a lawsuit – even one that gets thrown out of court. Three beer manufacturers, Molson, Labatt and Sleeman, spent a…

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Court orders parent to produce underwriting file to prove she denied permission for her child to drive

August 16, 2018 by Greg Meckbach

If a parent does not give permission to a child to drive the car, then if the child gets into a serious accident, a court could order the parent to produce the underwriting file to prove they did not grant…

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Mechanic barred from suing employer over workplace injury

August 13, 2018 by Greg Meckbach

A Newfoundland and Labrador construction company no longer faces a lawsuit from the estate of an injured worker, after the Supreme Court of Canada announced Thursday it will not hear an appeal. Many Canadian corporate clients lack liability insurance covering…