Topic Legal
New Brunswick court upholds order to produce fire documents for State Farm
January 17, 2013 by Canadian UnderwriterThe New Brunswick Court of Appeal recently upheld a lower court decision requiring a fire insurance claimant to produce records for State Farm Fire & Casualty Insurance. The appeal court dismissed an appeal from Karen Bennett of an Oct. 2011…
Ontario appeal board upholds caution issued to IME in auto claim
January 16, 2013 by Greg Meckbach, Associate EditorThe Ontario Health Professionals Appeal and Review Board recently confirmed a decision by a committee of the College of Physicians and Surgeons of Ontario (CPSO) to caution an independent medical examiner who made what it called an “inadequate and inaccurate”…
Impaired driving charges up, jail sentences down: StatsCan
January 10, 2013 by Canadian UnderwriterThere were more than 90,000 impaired driving incidents in Canada in 2011, about 3,000 more than the previous year, Statistics Canada reported Thursday in an analysis of its latest figures, but fewer of those people charged went to jail. “The…
Ontario court rules on auto insurance client injured by tripping beside parked car
January 8, 2013 by Canadian UnderwriterAn Ontario court recently ruled that an auto policy holder who was injured after tripping over a curb after he parked his car at home is not entitled to benefits under the province’s Statutory Accident Benefits Schedule. Last Friday, Judge…
Ontario appeal court issues ruling on landlord’s responsibility for insurance in oil spill
January 8, 2013 by Greg Meckbach, Associate EditorThe Ontario Court of Appeal recently ruled that a landlord can proceed with a lawsuit against a tenant relating to damages arising from the escape of oil from an above ground storage tank, on the grounds that there was no…
Impaired driving charges during holidays up in Ontario, down in B.C.
January 4, 2013 by Canadian UnderwriterThe Ontario Provincial Police (OPP) has reported that charges for impaired driving laid as part of its 2012 holiday traffic safety campaign was the highest it has been when compared to the last eight campaigns (since 2005). As part of…
More than 200 impaired drivers charged during Saskatchewan holiday safety blitz
January 4, 2013 by Canadian UnderwriterDuring a month-long “Operation Overdrive” traffic safety blitz, law and traffic enforcement officers in Saskatchewan checked more than 8,600 vehicles and issued more than 2,400 tickets, more than 200 of which were for impaired driving, Saskatchewan Government Insurance (SGI) said Friday. …
Auto fraud attempt in Manitoba foiled by police officer’s eye witness account
January 2, 2013 by Canadian UnderwriterA Winnipeg fraudster topped Manitoba Public Insurance’s (MPI) fraud list for 2012, receiving a $1,500 fine and being ordered to pay $60,000 in vehicle damages to the public insurer after pleading guilty to making a false statement under the provincial…
Ontario appeal court denies Aviva Canada’s request to alter ruling
December 18, 2012 by Canadian UnderwriterThe Court of Appeal for Ontario has denied a request by Aviva Canada to “withdraw, alter or modify” its decision in Pastore v. Aviva Canada Inc. based on a Supreme Court of Canada ruling in July. In Pastore v. Aviva…
Poll indicates slight decrease in drinking and driving in Canada
December 14, 2012 by Canadian UnderwriterResearch indicates a lower percentage of Canadians are driving after drinking but more work needs to be done, according to a recent report co-sponsored by Aviva Canada and published by the Traffic Injury Research Foundation (TIRF). TIRF’s Road Safety Monitor…
Manitoba introduces tougher drinking and driving law
December 13, 2012 by Canadian UnderwriterIgnition interlock use will now be a requirement for all convicted impaired drivers who want to drive legally following their licence suspension, Manitoba’s justice minister Andrew Swan announced Thursday. The new rules come into effect on Dec. 15 and will…
Ontario needs to crack down on independent medical examiners: Accident victims’ group
December 10, 2012 by Greg Meckbach, Associate EditorAn advocacy organization representing auto accident victims is taking issue with some of the recommendations of the recently released report from the auto fraud task force in Ontario. Although it describes the report as “largely a thoughtful and targeted approach…