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Your landlord agrees to insure the property. Why the landlord can still subrogate against you

February 25, 2019 by Greg Meckbach

A Thunder Bay restaurant operator has lost its bid to block an insurer from filing a subrogated claim arising from a fire. The Supreme Court of Canada announced Feb. 21 it will not hear an appeal from the Sushi Station…

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How landmark voyeurism ruling impacts insurers

February 22, 2019 by Greg Meckbach

If your client is sued for breach of privacy, the judge could look to last week’s voyeurism ruling by the Supreme Court of Canada for guidance, a privacy lawyer suggests. In R. v. Jarvis, released Feb. 14, the Supreme Court…

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Next step for $2-billion building collapse lawsuit against Loblaws

February 21, 2019 by Greg Meckbach

A $2-billion class-action lawsuit against Canada’s largest food retailer could reach the Supreme Court of Canada. The bodily injury lawsuit against Loblaw Companies Limited was filed in 2015 in Ontario by victims of a 2013 commercial building collapse in Bangladesh.…

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AB case generates massive confusion around “but for” causation test

February 21, 2019 by Jason Contant

A recent Ontario accident benefits case has highlighted ongoing confusion about how to identify and apply the proper causation test — including the contentious “but for” clause. The case revolves around whether the “but for” test of causation or the…

News InsuranceLegal

A driver is convicted of assault after a collision. Is the vehicle’s owner vicariously liable for the crash?

February 13, 2019 by Greg Meckbach

The registered owner of a pickup truck could be held liable for injuries to an accident victim even though the at-fault driver of the pickup truck was convicted of assault as a result of a collision, the Court of Appeal…

News ClaimsInsuranceLegal

Top court won’t hear appeal of controversial waiver decision

February 7, 2019 by Greg Meckbach

A 2018 Court of Appeal for Ontario ruling on waivers, described as “great news” for liability insurers, is now final. The Supreme Court of Canada announced Thursday it will not hear an appeal of Schnarr v. Blue Mountain Resorts Limited,…

News ClaimsInsuranceLegal

What stopped this $800,000 subrogated pollution claim

February 4, 2019 by Greg Meckbach

A subrogated claim could go off the rails if the client is bankrupt. The Supreme Court of Canada announced Thursday it will not hear a subrogation case involving Desjardins, which applied last year for leave to appeal Douglas v. Stan…

News Legal

Client loses lawsuit arising from automatic policy renewal

January 31, 2019 by Greg Meckbach

A motorcyclist who tried to sue his insurer for renewing his policy and deducting money from his account will not have his case heard before the Supreme Court of Canada. The top court announced Jan. 31 it has turned down…

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CPP benefits received after a trial deductible from auto injury lawsuit awards, appeal court rules

January 28, 2019 by Greg Meckbach

Has your client been successfully sued after a vehicle accident in Nova Scotia? The damages may be reduced if the claimant can get disability benefits in the future through the Canada Pension Plan, a court has ruled. Sparks v. Holland,…

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How your commercial clients are exposed to pot liability even if they don’t produce cannabis

January 25, 2019 by Greg Meckbach

Marijuana poses a liability risk for commercial clients even if they are not in the cannabis business, an insurance lawyer suggests. Suppose your client operates a hotel where a party takes place. If someone smokes cannabis at that party, drives,…

News ClaimsInsuranceLegal

Your drunk client arrives home safely. Why your exposure does not end there

January 24, 2019 by Jason Contant

Social hosts owe a duty of care beyond the time when an intoxicated guest returns home safely, the Court of Appeal for Ontario has ruled in a recent decision. In more intimate settings, there is an enhanced risk, and therefore…

News ClaimsInsurance

How subrogated claim leads to landmark win for Guarantee

January 18, 2019 by Greg Meckbach

A $1.9-million surety bond claim has resulted in a landmark court decision in favour of The Guarantee Company of North America. A-1 Asphalt Maintenance Ltd. went bankrupt in 2014. At that time it was a contractor on four road-paving projects in…