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Court rules Ontario auto insurer’s request for claimant data ‘unnecessarily invasive’

November 8, 2021 by Greg Meckbach

An Ontario judge has turned down a request by Aviva Insurance Company of Canada to order a claimant to produce banking records showing the location of vendors from which that claimant had made purchases. In November, 2020, an Aviva auto

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Insurers hope privacy legislation reboot will bring harmony

November 3, 2021 by Philip Porado

Canada’s existing privacy regulations – including federal law and province-specific legislation in Quebec, British Columbia and Alberta – can’t keep up with changing technology and are due for an update, said panellists at an Insurance Bureau of Canada regulatory affairs

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Four uninsurable cyber risks

November 2, 2021 by Greg Meckbach

Losses caused by cyber wars – and widespread outages of electricity and telecommunications – are essentially uninsurable, Munich Re experts suggest. “Historically, in property insurance, damages caused by war have been seen as uninsurable,” said Tim Zeilman, vice president and

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Why the Co-operators won this appeal over homeowner claim

October 29, 2021 by Greg Meckbach

If a client learns something new about insurance law four years after their claim is denied, it’s probably too late to sue the insurer for breach of contract. In a decision released this past Tuesday, the Court of Appeal of

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First Nations tribal council seeks safety upgrade for B.C. harbour after crashes

October 22, 2021 by The Canadian Press

PORT ALBERNI, B.C. – The council that advocates for 14 First Nations on Vancouver Island is demanding Transport Canada review the laws, regulations and policies governing harbour activity in Tofino, B.C., after a second float plane crash in less than

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Why this city owes duty of care in $1 million personal injury lawsuit

October 21, 2021 by Greg Meckbach

A Supreme Court of Canada ruling released Thursday means a British Columbia municipality is facing a new trial, in a $1-million lawsuit, filed by a woman who was seriously injured after parking her car after a snowstorm. In City of

News ClaimsClaims Canada ArchiveClaims ProfessionalsInsurersLegalLoss TrendsOntarioPersonal Auto

Ontario auto claim reduces employment insurance sickness benefits: federal judge

October 20, 2021 by Greg Meckbach

An Ontario auto claimant is facing a reduction in federal employment insurance (EI) benefits because she was getting income replacement benefits with her auto insurer. In 2019, Antonina Sennikova was involved in a motor vehicle accident that prevented her from

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B.C. seeks forfeiture of $2.8M condo owned by alleged COVID-19 violator

October 19, 2021 by The Canadian Press

VICTORIA – A civil action has been filed in British Columbia Supreme Court that could see the owner of a condo in Vancouver stripped of his property after allegedly violating COVID-19 restrictions. The director of civil forfeiture filed the claim

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Supreme Court to consider disclosure of cockpit voice recordings in aviation accident lawsuits

October 15, 2021 by Greg Meckbach

The Supreme Court of Canada will hear arguments, from federal aviation accident investigators, that cockpit voice recordings should not be made available to personal injury plaintiffs who are trying to sue an airline over an accident in Halifax. On March

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Why the Supreme Court of Canada validated this limitation-of-liability clause

October 15, 2021 by Greg Meckbach

A software consulting firm that was sued in Quebec for $6.25 million can rely on a limitation of liability clause in its consulting and integration contract, the Supreme Court of Canada ruled in a decision released Friday. In 6362222 Canada

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The shifting trends in cargo theft

October 13, 2021 by Jason Contant

The COVID-19 pandemic has affected a number of P&C insurance industry segments from auto to business interruption, and cargo theft is no exception. Large events such as the pandemic will result in shifts to the methods and types of goods

News ClaimsClaims Canada ArchiveInsurersLegalOntarioPersonal Auto

Ontario auto claimants seek leave to appeal HST dispute to Supreme Court

October 13, 2021 by Greg Meckbach

A dispute over the handling of sales tax in Ontario auto accident benefits claims could reach the Supreme Court of Canada. In 2018, several auto clients filed lawsuits in Ontario against accident benefits insurers. Plaintiffs allege those carriers either included