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Why LAT’s first catastrophic impairment case must be re-heard

June 25, 2019 by Greg Meckbach

The Ontario Licence Appeal Tribunal [LAT]’s first ruling on a disputed catastrophic impairment claim is now officially quashed, the province’s appeal court confirmed in a decision released Friday. As it stands, the disputed claim now has to go before a…

News Legal

Why this bar is partly liable for impaired driving accident

June 20, 2019 by Greg Meckbach

Offering 12 beers for less than half price might be a good way for your client to get a crowd of customers into its bar, but it is not necessarily the best risk mitigation strategy. A Niagara area bar is…

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Debate over liability when pedestrian hit on road with no sidewalk

June 19, 2019 by Greg Meckbach

If your client hits a pedestrian while driving slightly faster than the limit in a dark rain storm, does that mean he or she is liable? It depends which judge you ask. Prashant Jadhav was walking down the shoulder of…

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Why this vehicle accident defendant tried to quash $850,000 settlement

June 14, 2019 by Greg Meckbach

Adjusters handling auto liability claims shouldn’t be too quick to settle and take what the plaintiff’s lawyer is saying with a grain of salt. These are among the takeaways from Thursday’s Supreme Court of Canada decision in Fleury v. Paulus.…

News ClaimsClaims CanadaLegalRiskTechnology

How this cyber breach defendant got a six-figure cost award

June 13, 2019 by Greg Meckbach

Defendants who won a class-action lawsuit were recently awarded $166,000 to reimburse them for legal costs, but the plaintiffs are appealing. Casino Rama, located near Orillia, Ont. was the target of a cyber breach in 2016 by an unknown criminal.…

News ClaimsLegal

Sexual abuse class-action against Montreal oratory can proceed

June 7, 2019 by Greg Meckbach

If you provide commercial liability coverage for religious organizations, you might want to check Friday’s Supreme Court of Canada’s decision in L’Oratoire Saint-Joseph du Mont-Royal v. J.J. The decision paves the way for a class action lawsuit against Montreal’s St.…

News ClaimsInsurance

How this auto client got bus-ted

June 7, 2019 by Greg Meckbach

A British Columbia motorist whose sharp right turn made a bus brake suddenly has lost his dispute with the Insurance Corporation of B.C. Wen Sheng Li was involved in an accident in Vancouver on June 1, 2018. ICBC found him…

News Claims

How warning signs factored in this ski resort’s lawsuit defence

June 4, 2019 by Greg Meckbach

A warning sign and the plaintiff’s work experience were among the reasons a personal injury lawsuit against Vancouver’s Grouse Mountain Resorts Ltd. has been dismissed. Jason Apps was catastrophically injured while snowboarding in March, 2016 at Grouse Mountain. The ticket…

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When ‘residence employee’ is key in home insurance wording

June 3, 2019 by Greg Meckbach

A 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…

News Legal

Right of way at roundabout debated in cyclist’s injury lawsuit

May 29, 2019 by Greg Meckbach

A 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…

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This ‘leading practitioner’ in insurance law is now a judge

May 27, 2019 by Greg Meckbach

CORRECTION 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.…

News Insurance

Paid 3 Ways Small Businesses Can Stay Compliant Under Federal Privacy Laws

May 27, 2019 by David Smagata, DAS

How 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…