Topic Legal
Proposal to mostly ban tobogganing in Oshawa, Ont. parks draws criticism
January 19, 2023 by Jordan Omstead - THE CANADIAN PRESSA proposal to ban tobogganing at all but two municipal parks in a city east of Toronto is drawing criticism from lawyers who say the plan won’t boost safety and could limit access to the popular winter pastime. But the…
Which came first: Accident notification, or the accident benefits application forms?
January 17, 2023 by David GambrillIn a true chicken-and-egg argument, an Ontario man claimed his “reasonable explanation” for taking two years to inform his auto insurer about his injuries from a 2019 accident is because he never received the Application for Accident Benefits (OCF-1) form…
How an Alberta election may impact decisions on captive insurance
January 12, 2023 by Philip PoradoCompanies looking at the benefits of setting up an Alberta captive insurance company appear to be taking a ‘wait-and-see approach’ with respect to tax treatment. At the moment, the province’s tax authorities have indicated captives will be treated the same…
LCBO investigating cybersecurity incident
January 11, 2023 by The Canadian PressThe Liquor Control Board of Ontario says a “cybersecurity incident” has knocked out its website and mobile app. The LCBO posted a brief statement to its social media pages Tuesday night saying a “full investigation” was underway. The provincial Crown…
Insureds traumatized by witnessing car accidents are not entitled to benefits: tribunal
January 10, 2023 by David GambrillInsured drivers who suffer psychological trauma from seeing the aftermath of other people’s serious car accidents are not entitled to collect accident benefits, Ontario’s Licence Appeal Tribunal (LAT) has ruled. That’s because named insureds who witness other people’s car accidents…
Insurer has no duty to defend parents named in negligence lawsuit
January 9, 2023 by David GambrillB.C.’s Supreme Court has upheld that an insurer is not obligated to defend parents in a lawsuit alleging negligence for failing to stop their child from inflicting harm on others. In Reeves v Co-Operators General Insurance Company, Bentley Reeves and…
Falling off the roof of a camper trailer is an “auto accident,” court rules
January 6, 2023 by David GambrillA man falling from the roof of his insured camper trailer while doing a pre-trip inspection counts as an auto accident, Ontario’s Superior Court found. Tuesday’s court ruling overturned a decision by Ontario’s Licence Appeal Tribunal, which found the man’s…
How better boards may improve cannabis companies’ D&O options
January 6, 2023 by Philip PoradoImprovements in capacity in the directors and officers (D&O) insurance space, combined with a rising quality of boards of directors membership, is making coverage for cannabis producers and distributors more accessible. “We’ve seen a real shift in the experience levels…
Company operating Hibernia offshore oil platform challenging oil spill charges
January 6, 2023 by The Canadian PressST. JOHN’S, N.L. – The company that operates the Hibernia offshore oil platform has pleaded not guilty to three charges related to a 2019 oil spill off the east coast of Newfoundland. Court documents confirm the Hibernia Management and Development…
Defining vacancy: Why the court upheld insurer’s denial of a $100K water damage claim
January 4, 2023 by David GambrillAn insurance policy exclusion for vacancy applies, even when an insured has arranged for people to look after the vacant property on a daily basis, so long as there is no intention to inhabit the place again, the Ontario Superior…
Four years after marijuana legalization: What are auto claims looking like?
December 14, 2022 by Jason ContantMarijuana legalization in Canada has shown “no statistically significant changes in the average cost per claim and claim frequency,” according to a new report from the Canadian Institute of Actuaries (CIA) and the Casualty Actuarial Society (CAS). “The literature review…
Are product liability insurers ready to face mass torts?
December 13, 2022 by Philip PoradoClass action lawsuits have long been drivers of social inflation for insurers that provide product liability overage. But now a new legal vehicle, the ‘mass tort,’ looks to be waiting in the wings. Unlike class actions, in which one plaintiff…