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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

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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

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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

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How COVID-19 can trigger a ‘force majeure’ or ‘act of God’ clause in a contract

October 7, 2020 by Greg Meckbach

The COVID-19 pandemic could be considered an “act of God,” but that doesn’t necessarily mean a client can recoup a deposit for cancelling a large gathering, a recent British Columbia Civil Resolution Tribunal ruling suggests. While most property and casualty

News Business InterruptionCommercialInsurersLegalLoss ControlLoss TrendsTrending

What business interruption coverage appeal to U.K. Supreme Court could look like

October 6, 2020 by Greg Meckbach

British insurers are not taking yes for an answer from the High Court of England and Wales, which recently ruled that insuring business interruption “following” a notifiable disease, within a certain distance of the client, does in fact mean that

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Appeal court dismisses lawsuit against Economical over additional insured endorsement

October 5, 2020 by Greg Meckbach

A solar energy developer has lost its appeal against Economical in a commercial coverage dispute regarding an additional insured, in which the policy wording referred to “liability arising out of the operations” of the insured. “Contractual insurance obligations and additional

News LegalLiabilityNew Brunswick

Governments shouldn’t shield essential workers from COVID-19

October 5, 2020 by Hilary Young, Associate Professor, Law, University of New Brunswick - THE CONVERSATION

This article was originally published on The Conversation, an independent and nonprofit source of news, analysis and commentary from academic experts. Disclosure information is available on the original site. ___ Essential workers are the heroes of the COVID-19 pandemic. Civil

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‘We have a lot of work to do’

October 3, 2020 by Greg Meckbach, Associate Editor

How can the Canadian P&C industry ensure its workplaces reflect the communities they serve? We asked senior industry executives what can be done to make sure everyone feels respected and valued, regardless of demographic factors such as gender, skin colour, sexual orientation or gender identity. Here’s what they told us….

News AlbertaInsurersLegalPersonal AutoTechnology

Why insurers incurred penalties for over-charging Alberta auto clients

October 2, 2020 by Greg Meckbach

Programming errors are cited as the culprit for why some Alberta auto clients have been charged higher rates than those approved by the Automobile Insurance Rate board. Six auto insurers (ultimately owned by Economical, TD Bank and Intact) had to

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Mud and snow tires in winter prompts another small claim in B.C.

October 1, 2020 by Greg Meckbach

British Columbia car rental companies that provide mud and snow tires in December or January are keeping the province’s Civil Resolution Tribunal busy. In Fraser v. ICBC, released Wednesday, the CRT ruled against a claimant who sought $5,000 in damages

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Seven survivors of Alberta tour bus rollover file lawsuit

October 1, 2020 by Daniela Germano - THE CANADIAN PRESS

EDMONTON – A northern Alberta woman who survived a fatal tour bus crash in Jasper National Park this summer says she is one of the lucky ones, but her recovery will be long and painful. Sweta Patel, 27, from High

News Business InterruptionInsurersLegalRisk Managers

How business interruption verdict impacts trends clauses

September 30, 2020 by Greg Meckbach

If your clients are looking for business interruption coverage arising from the pandemic, a key question is whether there is a “trends clause” in their policy. “In policies with trends clauses, the calculation of loss of business income must take