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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…

News Insurance

Can’t hear the ambulance? Turn down your radio

January 17, 2019 by David Gambrill

A 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…

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Paid Recreational Cannabis Legalization: Are your HR policies ready?

January 9, 2019 by David Smagata, DAS

  Did you know, medical cannabis has been legal in Canada since 1999? Since then there have been numerous amendments to the laws, as well as a significant increase in Canadians who have purchased medical cannabis. According to Health Canada…

News ClaimsLegal

Judges disagree on whether a sandbar is a highway

January 4, 2019 by Greg Meckbach

The definition of “highway,” which is often debated in coverage disputes, is not as broad as some might think, the Court of Appeal for British Columbia has ruled. Robert Adam took Insurance Corporation of B.C. to court after he was…

News InsuranceLegal

Drinking and boating accident sparks disagreement among judges

December 18, 2018 by Greg Meckbach

In a recent divided ruling over the constitutional rights of drivers suspected of being impaired after causing an accident, the Supreme Court of Canada has narrowly upheld the conviction of an Ontario woman who operated a boat after drinking. R.…

News InsuranceLegislation / Regulation

How this ‘gap’ in privacy law affects tow-truck operators

December 13, 2018 by Greg Meckbach

If your client’s vehicle is towed in Manitoba, the auto insurer will not normally tell the towing company who owns the vehicle. “There is a gap in the [Manitoba privacy] legislation or, at a minimum, the administrative practices of the…

News InsuranceLegal

Is your client liable for canoeing while impaired?

December 7, 2018 by David Gambrill

Yes, it is a criminal offence for your client to canoe while impaired. The Ontario Court of Justice recently ruled that canoes are in fact “vessels” under the Criminal Code. The question came up in a trial of an Ontario…

News ClaimsInsuranceLegal

Court weighs in on approach for deducting accident benefits from tort damages

December 6, 2018 by Jason Contant

An Ontario court has ruled that accident benefits should be deducted from tort damages using a “silo” approach rather than a strict matching (“apples-to-apples”) approach. In a lengthy and complex decision covering a wide variety of legal points, the Court…

News ClaimsInsuranceLegal

Disputed claim from $1.2-billion ponzi scheme goes to trial in Ontario

December 3, 2018 by Greg Meckbach

A $300 million professional liability insurance claim from a bank could be the subject of a court trial in Ontario. The Supreme Court of Canada announced last week it will not hear an appeal of Toronto-Dominion Bank, N.A. v. Lloyd’s…

News InsuranceLegal

Auto insurers’ bitter costs dispute draws rebuke from judge

November 29, 2018 by David Gambrill

A bitter cost dispute between two auto insurers over an abandoned court action has led to a rebuke from a judge, who ordered Wawanesa to pay Dominion its legal fees. In doing so, Ontario Superior Court Justice Darla A. Wilson…

News Legal

Landlord sued over $16,000 water leak wins appeal

November 28, 2018 by Greg Meckbach

A major water leak from a Surrey, British Columbia strata unit has spawned debate among judges over whether landlords are liable in such cases. Crystal Thomas was renting a condo unit in Surrey in the summer of 2015. A large…

News InsuranceLegislation / Regulation

Court allows trial in case of insurer not following mortgagee’s instructions

November 22, 2018 by David Gambrill

A trial to determine whether The Co-operators was negligent in distributing insurance funds contrary to the instructions of a mortgagee will be allowed to continue, the Ontario Superior Court of Justice has ruled. The court denied a motion for summary…