Condo flooding liability 101
April 18, 2019 by David GambrillYou are the owner of a condo unit. The toilet in the condo unit above you overflows, causing water damage to your ceiling and floor. No, your upstairs neighbour does not have to reimburse you for your $1,000 insurance policy…
This little piggie caused a $24-million subrogated claim
April 16, 2019 by Greg MeckbachA $24.3-million lawsuit by an oil and gas company against a contractor over an accident that spilled 60 cubic metres of oil is one of Canada’s largest-ever subrogated claims, a lawyer for the plaintiff says. In ISH Energy Ltd v…
How this dry cleaner got sued over 50-year-old pollution
April 11, 2019 by Greg MeckbachAn Ottawa dry cleaner is liable for nearly $2 million in environmental clean-up costs resulting from spills that occurred at least 45 years ago, as a result of a Supreme Court of Canada ruling released Thursday. The top court’s ruling…
Does a business have to highlight a waiver of liability to a client?
April 4, 2019 by David GambrillA flood in an Alberta community centre flood has once again raised the legal issue of whether a claimant is obligated to read a commercial services contract thoroughly, or whether the defendant is obligated to highlight any waiver of liability…
Who knew that book readers could be at such risk?
April 2, 2019 by David GambrillA book lover who claimed to have sustained a concussion and a back injury while tripping over a pile of stacked books in a B.C. bookstore had his liability case dismissed for a lack of evidence. The insurer for the…
Do your insureds understand a “material change in risk”?
March 29, 2019 by Jason ContantIt’s not necessary for an insurer to prove that an insured knew a change in risk was “material” to the carrier, the Supreme Court of British Columbia has ruled. In May 2014, Wawanesa Mutual Insurance Company voided a homeowner’s policy…
Paid You’ve Filed Your Taxes. What Comes Next?
March 18, 2019 by David Smagata, DASAt some point in their lives, most Canadians will be subject to a tax audit from the Canada Revenue Agency (CRA). While the process can be anxiety-inducing and stressful, having the right insurance policy can help you prepare for an…
How air conditioner installer got dragged into basement flood
March 12, 2019 by Greg MeckbachMoisture that an air conditioner collects could damage your client’s home if it doesn’t drain properly, but the client cannot necessarily blame the air conditioner installer for a flood. Basement flood victim Samuel Sieb took Gandy Installations Ltd. to British…
Recurring back pain and auto liability: how this court applied the two-year limit
March 12, 2019 by David GambrillIf an injured cyclist in an auto liability action declares feeling better after treatment, takes a year off work, and then feels debilitating back pain after returning to work three years after the accident, does the two-year statute of limitations…
How this paperwork accident gave condo dweller stamp collection coverage
March 7, 2019 by Greg MeckbachFor insurance professionals who put together renewal packages, some mistakes are worse than others. A case in point is sending a “quality package” that refers to a different kind of policy, rather than the policy you are renewing for the…
This research can help defend slip and fall claims
March 6, 2019 by Greg MeckbachIf your client owns or manages a property, can it put a number on the slipperiness of the surfaces? This is what companies managing an Ottawa property did after they were sued for $2.9 million by a civil servant who…
Your landlord agrees to insure the property. Why the landlord can still subrogate against you
February 25, 2019 by Greg MeckbachA 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…