Homeowner sued by victims of impaired driving accident
November 12, 2018 by Greg MeckbachA host liability lawsuit, arising from a fatal drunk driving accident, is proceeding to trial in Ontario. A recent Court of Appeal for Ontario ruling shows judges disagree on how the 2006 Supreme Court of Canada ruling in Childs v. …
Top court could hear disputed claim arising from $550-million ponzi scheme loss
November 5, 2018 by Greg MeckbachA major bank’s disputed $300-million professional liability insurance claim – arising from a Ponzi scheme in Florida – could reach the Supreme Court of Canada. Toronto-Dominion Bank bought an insurance policy from a syndicate of insurers, including Lloyd’s Underwriters in…
Aviva considers appeal in $3.4-million sexual abuse claims dispute
October 22, 2018 by Greg MeckbachAviva 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…
When keeping customer’s car keys is not “custody” of a car
October 21, 2018 by Greg MeckbachNorthbridge 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…
The lengths to which this lawyer went to represent her auto accident victim
October 4, 2018 by Greg MeckbachThe 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…
How this auto claimant won additional pain and suffering damages
October 1, 2018 by Greg MeckbachThe 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…
Car surfing covered by auto insurance, court finds
September 27, 2018 by David GambrillAuto 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…
Three product ingredients that could cause large claims
September 13, 2018 by Greg MeckbachIf 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…
Judges disagree on whether this collision was a ‘true accident’
September 11, 2018 by Greg MeckbachA 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…
Ontario auto insurer’s examiner gets day in court
September 5, 2018 by Greg MeckbachLast 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…
Court urges discovery plans that avoid “historical murder mystery approach to litigation”
August 30, 2018 by David GambrillA 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…
How legal defence costs can be ‘gobsmacking large,’ even when you win the case
August 22, 2018 by Greg MeckbachA 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…