Topic Legal
New constitutional “sanctuary” for impaired drivers who leave the highway to stop
June 22, 2021 by Greg MeckbachIf you drive drunk in Ontario, it’s your way or the highway. Impaired drivers can now find “sanctuary” by pulling off a public “highway” and on to private property when they see a police car, a Court of Appeal for…
‘Unavoidable delay’ lease clause does not mean retailer can delay paying rent during lockdown: Court
June 21, 2021 by Greg MeckbachHudson’s Bay Company cannot use an “unavoidable delay” clause in a mall lease agreement to stop paying rent to the landlord during the COVID-19 pandemic, a B.C. Supreme Court judge has ruled. COVID-19 was declared a pandemic on March 11,…
Why ridesharing makes motor vehicle accident claims more complex
June 21, 2021 by Greg MeckbachInspecting the accident scene early and downloading black box data are among the tactics insurance lawyers use to defend ride share tort claims, lawyers suggested to A.M. Best Company Inc. “Rideshare cases often involve multiple parties and different causes of…
Why liability insurance did not cover the defence of a remediation order
June 18, 2021 by Greg MeckbachAn eastern Ontario municipality does not have coverage with any of its four former liability insurers for a dispute with the provincial environment ministry over alleged pollution occurring more than six decades ago. That’s because the insurance policies in question…
Why the U.S. competition regulator wants to stop the Aon-Willis merger
June 17, 2021 by Greg MeckbachAlmost all large firms in the United States buy their property and casualty insurance through either Marsh, Aon or Willis Towers Watson, the latter two of the ‘Big Three’ having market share of more than 40% in property and liability…
Staff vaccine status discussions, disclosures pose challenges for businesses
June 17, 2021 by Danielle Edwards - THE CANADIAN PRESSHALIFAX – Cynthia Fernandez said her personal sense of responsibility for the safety of her clients led her to publicly disclose that her staff were vaccinated against COVID-19 earlier this spring. “I think a lot of people are nervous still…
A home under renovation isn’t necessarily “under construction:” Appeal Court
June 15, 2021 by David GambrillA home under renovation doesn’t mean it is “under construction,” Ontario’s Appeal Court has ruled, rejecting an insurer’s interpretation of its home insurance policy exclusion. In Tataryn v. Axa Insurance Canada (now Intact Insurance), Susan Tataryn’s Ottawa property served as…
Restoration firms beware: Did clients authorize payment for your work?
June 14, 2021 by David GambrillA recent flood damage claim in B.C. speaks to the importance of getting in writing from clients exactly what restoration services have been authorized for payment, be it a repair or a full investigation into the cause of the water…
Estimator’s COVID dilemma: Photos of auto damage not enough, in-person visit not allowed
June 11, 2021 by David GambrillIt’s an auto insurance estimator’s Catch-22. A B.C. small claims tribunal recently downplayed expert evidence based on photos taken in an auto collision shop because the estimator didn’t conduct an in-person inspection of the vehicle — even though pandemic lockdown…
How the feds propose to tax insurers’ deferred profits under IFRS 17
June 10, 2021 by David GambrillCanada’s finance department is looking to avoid a situation in which the new IFRS 17 accounting standards may give Canadian P&C insurers a tax advantage over other Canadian business sectors. Canadian P&C insurers are working hard to update to new…
In pollution claim, ‘sudden’ could mean several months, court finds
June 8, 2021 by Greg MeckbachInsurance coverage for a “sudden and accidental” release of diesel fuel can include a discharge that continued over several months, the Nova Scotia Court of Appeal has ruled in a commercial coverage dispute. As a result of Zurich Insurance Company…
Insurers faced with barrage of COVID-19 coverage disputes
June 3, 2021 by Greg MeckbachMore than a dozen coverage disputes arising from business interruption from lockdowns and restrictions during the COVID-19 pandemic are making their way through Ontario courts. Law firm McCarthy Tetrault has served 17 individual statements of claim with the Ontario Superior…