How landmark voyeurism ruling impacts insurers
February 22, 2019 by Greg MeckbachIf 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…
Next step for $2-billion building collapse lawsuit against Loblaws
February 21, 2019 by Greg MeckbachA $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.…
AB case generates massive confusion around “but for” causation test
February 21, 2019 by Jason ContantA 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…
A driver is convicted of assault after a collision. Is the vehicle’s owner vicariously liable for the crash?
February 13, 2019 by Greg MeckbachThe 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…
Top court won’t hear appeal of controversial waiver decision
February 7, 2019 by Greg MeckbachA 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,…
What stopped this $800,000 subrogated pollution claim
February 4, 2019 by Greg MeckbachA 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…
Client loses lawsuit arising from automatic policy renewal
January 31, 2019 by Greg MeckbachA 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…
CPP benefits received after a trial deductible from auto injury lawsuit awards, appeal court rules
January 28, 2019 by Greg MeckbachHas 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,…
How your commercial clients are exposed to pot liability even if they don’t produce cannabis
January 25, 2019 by Greg MeckbachMarijuana 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,…
Your drunk client arrives home safely. Why your exposure does not end there
January 24, 2019 by Jason ContantSocial 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…
How subrogated claim leads to landmark win for Guarantee
January 18, 2019 by Greg MeckbachA $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…
Can’t hear the ambulance? Turn down your radio
January 17, 2019 by David GambrillA B.C. driver has failed in his bid to receive a refund for his insurance premium increase and deductible after B.C.’s public auto insurer found him 100% responsible for failing to clear an intersection for an ambulance. A B.C. ambulance…