When ‘residence employee’ is key in home insurance wording
June 3, 2019 by Greg MeckbachA coverage dispute, arising from severe electric shock injuries to a baby in a rented house, shows disagreement over the exact meaning of “residence employee” in a home insurance policy. Doris Wong and her brother Johnny Wong were sued in…
Right of way at roundabout debated in cyclist’s injury lawsuit
May 29, 2019 by Greg MeckbachA pickup truck driver who was hit by a bicycle in a roundabout is 100% liable for the accident, a British Columbia judge ruled in a decision released today. Cyclist Javad Behragam is suing Peter Paviglianiti as a result of…
This ‘leading practitioner’ in insurance law is now a judge
May 27, 2019 by Greg MeckbachCORRECTION NOTICE: In an earlier version of this story, Glen L.C. Noel was incorrectly identified as a lawyer representing Lloyd’s in Lawlor v. Royal. In fact, Noel represented Mary Lawlor in that case. Canadian Underwriter regrets the error. Glen L.C.…
Paid 3 Ways Small Businesses Can Stay Compliant Under Federal Privacy Laws
May 27, 2019 by David Smagata, DASHow can small businesses stay compliant under PIPEDA? The Office of the Privacy Commissioner of Canada has published various online resources for both individuals and businesses to help better understand their obligations under the Personal Information Protection and Electronic Document…
Aviva loses $7-million coverage dispute over sexual abuse liability
May 23, 2019 by Greg MeckbachCanada’s top court said today it will not hear an appeal from Aviva Canada of a ruling in favour of a New Brunswick church diocese. L’Évêque catholique romain de Bathurst, a diocese that oversees Roman Catholic parishes in the northeastern…
Bartenders’ liability for impaired driving accidents – civil versus criminal
May 22, 2019 by Paola Loriggio - THE CANADIAN PRESSLegal experts say criminal charges like those laid against a former bar server in connection with a drunk-driving crash that killed two Ottawa-area teens are rare and difficult to prove. Ann Senack, 62, of Greater Madawaska Township, was charged in…
This province’s statute of limitations ‘cries out for reform’
May 21, 2019 by Greg MeckbachIn trying to sue construction contractors for a leaky building, a Winnipeg hospital is actually criticizing Manitoba’s Limitation of Actions Act, a provincial appeal court judge suggested in a recent ruling. In 2003, construction finished on a new five-storey building…
How Intact lost this battle over vehicle storage fees
May 16, 2019 by Greg MeckbachCanada’s largest P&C insurer has suffered a setback in its quest to minimize vehicle storage fees. A recent Ontario court ruling means that, for the time being, Intact Insurance has to pay J.P. Towing Service & Storage Limited storage fees…
How far can employee confidentiality agreements go?
May 13, 2019 by Jason ContantIf you leave your brokerage with some confidential information stored to memory as opposed to a physical document, can you use that information? A recent ruling from the Ontario Superior Court of Justice found that even committing to memory confidential…
Why this claimant cannot sue over auto collision
May 2, 2019 by Greg MeckbachA motorist should have known he was listed by his insurer as an excluded driver, an Ontario court has ruled. Johnathon Trudeau filed a lawsuit against David Cavanagh as a result of a 2013 vehicle collision in Espanola. Trudeau also…
Why the court says this auto insurer did not properly terminate policy
April 30, 2019 by Greg MeckbachAn auto insurance company cannot necessarily treat a policy as invalid under common law if it discovers the client made a material misrepresentation on the application, the Court of Appeal for Ontario has ruled. In Merino v. ING Insurance Company…
Can a Family Law order force someone to “insure” a vehicle?
April 22, 2019 by David GambrillCan a court order a cube van owner under the Family Law Act to “insure” a vehicle that is to be transferred over to an ex? No, the Supreme Court of British Columbia ruled recently. Sukhvir Singh Athwal and Jessie…