Canadian Underwriter

Topic Legal

News B.C.LegalLiabilityOntarioQuebec

Purdue Pharma pleas could bolster efforts for Canadian opioid class action

October 23, 2020 by Anita Balakrishnan - THE CANADIAN PRESS

TORONTO – A Canadian class action against opioid makers will start the process of getting certified in a hearing next month, a key test on how courts here will handle a case that is making waves in the U.S. The

News BrokersBusiness InterruptionClaimsClaims Canada ArchiveCommercialInsurersLegalOntarioTrusted Advisor

Why brokers are going to get sued over pandemic business interruption claims

October 21, 2020 by Greg Meckbach

Some brokers are going to get sued by clients whose COVID-19 business interruption claims were denied, a keynote speaker warned Insurance Brokers Association of Ontario (IBAO) members Wednesday. “The main area of claim will be failure to advise of potential

News Emerging RisksInsurersLegalLiabilityOntario

Ontario to provide COVID-19 liability protection to workers and some organizations

October 21, 2020 by Shawn Jeffords and Liam Casey -THE CANADIAN PRESS

TORONTO – Health-care workers, businesses and non-profits could receive liability protection against COVID-19-related lawsuits under legislation proposed by the Ontario government Tuesday, but critics said the bill would result in extra protection for long-term care providers who failed residents during

News ClaimsClaims Canada ArchiveClaims ProfessionalsCyberEmerging RisksLegalLoss ControlLoss TrendsPropertyQuebecRisk ManagersTechnology

Why this client can only recover $50,000 on a $2.7-million commercial crime claim

October 16, 2020 by Greg Meckbach

An electronics distributor that lost nearly $2.7-million because its accounts payable staff were duped by fraudsters cannot claim under policy wording covering funds transfer fraud, a Quebec court has ruled. In Future Electronics Inc. (Distribution) Pte Ltd. v. Chubb Insurance

News ClaimsClaims Canada ArchiveCommercialLegalLiabilityManagementNova ScotiaOperations

What Canada’s Supreme Court says about employers’ liability for bonuses

October 15, 2020 by Greg Meckbach

A constructive dismissal award against a Halifax-based fish oil maker of nearly $1.1-million has been restored by the Supreme Court of Canada. When it comes to employment practices liability, a key lesson from Matthews v. Ocean Nutrition Canada Ltd., released

News LegalQuebec

Former Quebec premier suing government for $1M for privacy violation

October 15, 2020 by The Canadian Press

MONTREAL – Former premier Jean Charest is suing the Quebec government for violation of his privacy in connection with an investigation by the province’s anti-corruption unit. The lawsuit filed Friday in Montreal seeks $1 million in punitive damages and $50,000

News B.C.LegalLiabilityRisk Managers

Cancelled contracts in the COVID age: A tribunal weighs in on a wedding, interrupted

October 14, 2020 by David Gambrill

A public health emergency such as a pandemic may be an unforeseen “act of God,” but that doesn’t necessarily mean it will make it illegal or impossible for a business to fulfill the terms of a commercial contract with a

News CatastrophesClaimsClaims Canada ArchiveCommercialLegalLiabilityLoss ControlLoss TrendsNova ScotiaRisk Managers

Why the court found the landlord responsible for this winter roof collapse

October 13, 2020 by Greg Meckbach

A courier firm has successfully sued its landlord for $188,000 after the roof of its Halifax area warehouse collapsed under the weight of snow and ice. In Transport Canpar L.P. v. 3258042 Nova Scotia Limited, released Oct. 8, Justice Richard

News B.C.InsurersLegalPersonal Auto

B.C. auto could look a bit like these two provinces under a Liberal regime: IBC

October 9, 2020 by Greg Meckbach

If the Liberals return to power this fall in British Columbia after a three-year hiatus, and if they keep their election promises, the province’s auto insurance system may look similar to the auto insurance systems in both Quebec and Saskatchewan,

News ConstructionLegalLiabilityOntario

Consortium building Eglinton Crosstown takes government to court over COVID-19 issues

October 9, 2020 by John Chidley-Hill - THE CANADIAN PRESS

TORONTO – The consortium building a light-rail transit line across Toronto said Thursday that it was taking the provincial government to court over alleged delays and cost overruns related to COVID-19. Crosslinx Transit Solutions said it had filed an application

News B.C.BrokersClaimsClaims ProfessionalsInsurersLegalPersonal Home

Appeal court spells out difference between an ‘omission’ and a ‘misrepresentation’ on an insurance form

October 8, 2020 by David Gambrill

B.C.’s Court of Appeal overturned a decision Wednesday against BCAA Insurance Corporation in a case that turned on the crucial difference between an “omission” and a “misrepresentation” in a home insurance application. Ultimately, the B.C. Court of Appeal ordered a

News Emerging RisksHRLegalLiability

COVID-19 pandemic accelerating digital privacy risks, federal watchdog warns

October 8, 2020 by The Canadian Press

OTTAWA – The federal privacy czar says the COVID-19 pandemic is underscoring weaknesses in the law that place the personal information of Canadians at risk. In his annual report presented to Parliament today, privacy commissioner Daniel Therrien warns the pandemic