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News ClaimsInsuranceLegal

What stopped this $800,000 subrogated pollution claim

February 4, 2019 by Greg Meckbach

A 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…

News Legal

Client loses lawsuit arising from automatic policy renewal

January 31, 2019 by Greg Meckbach

A 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…

News Insurance

CPP benefits received after a trial deductible from auto injury lawsuit awards, appeal court rules

January 28, 2019 by Greg Meckbach

Has 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,…

News LegalRisk

How your commercial clients are exposed to pot liability even if they don’t produce cannabis

January 25, 2019 by Greg Meckbach

Marijuana 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,…

News ClaimsInsuranceLegal

Your drunk client arrives home safely. Why your exposure does not end there

January 24, 2019 by Jason Contant

Social 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…

News ClaimsInsurance

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…

News Insurance

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…