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…
Paid Recreational Cannabis Legalization: Are your HR policies ready?
January 9, 2019 by David Smagata, DASDid 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…
Judges disagree on whether a sandbar is a highway
January 4, 2019 by Greg MeckbachThe 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…
Drinking and boating accident sparks disagreement among judges
December 18, 2018 by Greg MeckbachIn 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.…
How this ‘gap’ in privacy law affects tow-truck operators
December 13, 2018 by Greg MeckbachIf 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…
Is your client liable for canoeing while impaired?
December 7, 2018 by David GambrillYes, 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…