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The Aviva contagious disease policy wording at issue in class action BI coverage dispute

July 8, 2020 by Greg Meckbach

The question of whether non-essential businesses that closed during the pandemic are entitled to claim insurance – specifically, for cover arising as a direct result of an outbreak of contagious or infectious disease within 25 kilometres that is required by

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Ontario premier’s stance on liability protection from pandemic

July 8, 2020 by Greg Meckbach

It is not clear yet whether the Ontario government will grant any protection for liability arising from COVID-19, but the province will not protect “bad actors” in the long-term care or nursing home sector, a spokesperson for Premier Doug Ford

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Bar owners that offer rare wine and spirits carve takeout business model

July 8, 2020 by Salmaan Farooqui -  THE CANADIAN PRESS

TORONTO – Bar and restaurant owners who deal in specialty alcohol say they’ve carved out a new business model around Ontario’s relaxed rules for takeout liquor, and they’ll fight to make the system permanent. In late March, the Ontario government

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P&C leaders fire back against no-fault portrayal

July 7, 2020 by Adam Malik

Broker and insurer leaders in Alberta are speaking out against those who would paint the insurance industry as nefarious actors looking to line their pockets at the expense of auto policyholders. In particular, they dispute what they feel are negative

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More class actions headed to court over pandemic business interruption

July 7, 2020 by Greg Meckbach

Class actions asserting pandemic BI insurance coverage are starting to mount in the ‘In’ baskets of Canada’s insurance defence bar. Most recently, Koskie Minsky announced July 6 that it will be one of two firms (the other being Merchant Law)

News LegalOntarioPersonal Auto

How an insurer in an “underinsured” auto case reduced its exposure by more than $452K

July 7, 2020 by David Gambrill

An Ontario auto insurer in an underinsured accident case is entitled to make a subrogated claim against a third party – in this case, a bartender who was found 11% responsible for a fatal car crash — even though its

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Quebec health minister threatens to lock down bars if COVID rules are violated

July 7, 2020 by Sidhartha Banerjee - THE CANADIAN PRESS

MONTREAL – Quebec’s health minister threatened owners of bars and other venues across the province on Monday, saying he won’t hesitate to shut them down if COVID-19 public health directives are not followed. Describing the scenes at some establishments over

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Lac Megantic marks seventh anniversary of 2013 rail disaster with memorial site

July 6, 2020 by Stephanie Marin – THE CANADIAN PRESS

Seven years after a rail disaster decimated its downtown, Lac-Megantic sought Monday to honour both its past and future by inaugurating a long-planned memorial space at the site at the heart of the tragedy. On July 6, 2013, a runaway

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How liability for deductibles on strata claims is changing in B.C.

July 3, 2020 by Greg Meckbach

Strata unit owners might see a reduction in liability risk for common-area damage if a recently-tabled bill is passed in British Columbia. “Right now, if a water pipe bursts in a bathroom due to manufacturer error and leaks beyond common

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A new regime for tow truck regulations? What auto insurers want to see

July 2, 2020 by David Gambrill

Auto insurers are applauding Ontario’s creation of a new government task force to improve provincial oversight of the tow truck industry, citing the possibility of reducing insurance fraud and associated premium reductions for consumers. “IBC applauds the Ontario government for

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How a property owner can be liable when a motorcycle hits a wayward donkey

July 2, 2020 by Greg Meckbach

A Supreme Court of Canada decision released Thursday means a construction materials supplier is partly liable for injuries suffered by a motorcyclist who collided with a donkey that escaped from a rural property. In 2009, Amir Youssef was riding his

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What to consider when using electronic waivers of liability

June 30, 2020 by Greg Meckbach

Waivers of liability do not necessarily have to be in paper form, but they are not a substitute for having a good risk management program in place, says one lawyer who has defended waivers in court. The question of whether