Topic Legal
$14.7 million settlement in sex abuse class action against Montreal archdiocese
April 14, 2023 by Sidhartha Banerjee - THE CANADIAN PRESSMONTREAL – A $14.7-million settlement has been reached in a class-action lawsuit brought against the Montreal Roman Catholic archdiocese, and a judge will be asked to sign off on the deal in the coming weeks, the plaintiffs’ lawyer said Thursday.…
Why resolving claims disputes is about more than numbers
April 11, 2023 by Derek SayersWant to increase the likelihood of a construction project insurance claim being accepted? Take the time to validate each aspect of that claim. The upfront work will make it easier for any umpires, mediators, consultants or lawyers brought in to…
Can’t find defendants in auto liability cases? Don’t serve their insurers instead.
April 5, 2023 by David GambrillOntario’s Court of Appeal has laid down the law on trial lawyers habitually serving defendants’ auto liability insurers as a matter of course when they can’t find the defendants to serve notice of the lawsuit. Don’t do it. “As a…
Intact policyholder conflates ACV with replacement cost value
April 4, 2023 by David GambrillIntact recently won an appraisal dispute with an insured who originally claimed more than four times the market value of his business property after a fire, prompting the court to find the insured was conflating actual cash value (ACV) of…
Spouses don’t have to live under the same roof to qualify for family protection auto coverage
April 3, 2023 by David GambrillEditor’s Note: This article has been corrected to show that the Motor Vehicle Accident Claims Fund (MVACF) has a $200,000 maximum legal liability and not $250,000, as initially reported. Canadian Underwriter apologizes for the error. Spouses don’t have to…
Why cyber tracking technology litigation could be coming to Canada
March 31, 2023 by Alyssa DiSabatinoInsurers can expect pixel liability to “rear its ugly head” in Canada after recent litigation in the U.S., a lawyer at the NetDiligence Cyber Risk Summit said. Especially as one Canadian home improvement company has been deemed by the…
ESG reporting expectations on suppliers growing, report says
March 31, 2023 by The Canadian PressMONTREAL – A new report finds that small and medium suppliers face growing expectations from their larger customers to report on environmental, social and governance (ESG) standards. The Business Development Bank of Canada (BDC) survey of 121 large companies and…
More ways IFRS 17 can make for wonky reporting
March 29, 2023 by Philip PoradoIn the face of IFRS 17 reporting requirements, insurers should prioritize stabilizing and managing their balance sheets, noted a panellist during a recent Canadian Insurance Accountants Association (CIAA) webinar. They also should strive to ensure the company’s assets and liabilities…
Alberta Energy Regulator to launch third-party probe of oilsands tailings leak
March 29, 2023 by Bob Weber - THE CANADIAN PRESSEDMONTON – The Alberta Energy Regulator says it’s looking for an investigator to dig into releases of oilsands tailings and tailings-contaminated water that weren’t made public for nine months. In a statement Tuesday, the regulator said it’s seeking a “qualified,…
Aviva loses bid to quash class action for COVID-related BI losses
March 28, 2023 by David GambrillOntario’s Superior Court has certified a class action lawsuit by a window and door manufacturer against Aviva Canada related to the insurer’s broad denial of pandemic-related business interruption claims. In doing so, the court rejected Aviva’s motion to have the…
Latest Supreme Court ruling may reduce liability risk due to impaired drivers
March 27, 2023 by David GambrillCanada’s top court has restored the impaired driving conviction of an Ontario ATV driver, whose Charter rights were violated when the police pulled him over on a shared private driveway instead of a public highway. The case is of interest…
ATV roll-over decision could help insureds who are denied coverage
March 23, 2023 by Philip PoradoRecent granting of a plaintiff’s motion for summary judgement against an insurer in an all-terrain vehicle (ATV) overturn accident may make it easier for auto insurance policyholders to access their coverage. Ultimately, the decision may be of future benefit to…