Topic Legal
Insurers could feel significant impact from Ontario court’s new privacy tort: legal paper
June 14, 2012 by Canadian UnderwriterThe Ontario Court of Appeal’s January 2012 decision in Jones v. Tsige, which recognized the tort of “intrusion upon seclusion” as a cause of action in Ontario, may have significant implications for policyholders and insurers, a paper from Blaney McMurtry…
Oliver Wyman, IBC each recommend a double-digit industry-wide adjustment to the Alberta Automobile Insurance Rate Board (AIRB)
June 14, 2012 by Canadian UnderwriterCLARIFICATION: Canadian Underwriter initially reported on June 14 that Oilver Wyman suggested a 4.7% rate adjustment in 2011. In fact, Oliver Wyman recommended a 9% adjustment in 2011. In its final decision on an industry wide adjustment in 2011, the…
Industrial utility vehicles in B.C. no longer need to be registered, insured under certain circumstances
June 13, 2012 by Canadian UnderwriterIndustrial utility vehicles (IUVs), miniature motor vehicles used in parades and beverage carts for golf courses no longer need to be registered, licensed and insured by the Insurance Corporation of British Columbia (ICBC) under certain circumstances. This change to British…
Arbitrator finds “semblance of relevance” test is too low for production of Facebook photos in dispute resolution hearings
June 13, 2012 by Canadian UnderwriterAn Ontario arbitrator has dismissed the appeal of an order for a claimant to produce photos from her Facebook account, but in doing so, the arbitrator rejected the “semblance of relevance” test for producing photos from social networking sites. In…
IBC accuses critics of proposed CAT definition of “fear-mongering”
June 12, 2012 by Canadian UnderwriterInsurance Bureau of Canada (IBC) laid down the gauntlet against critics of the province’s recommended catastrophic (CAT) impairment definition, accusing them on June 12 of “fear-mongering.” IBC responded quickly to a media campaign mounted by trial lawyers and medical and…
Trial lawyers and rehab groups speak out against recommended catastrophic impairment definition
June 12, 2012 by Canadian UnderwriterThe Ontario Trial Lawyers Association (OTLA) and Alliance of Community Medical and Rehabilitation Providers are launching a media campaign against proposed changes to the definition of a catastrophic impairment for victims injured in car accidents. Currently, accident victims who are…
New CAT definition should not combine psychiatric or mental/behavioural impairments with physical impairments: FSCO
June 12, 2012 by Canadian UnderwriterOntario’s regulator is recommending to the finance minister that physical impairments should not be combined with psychiatric or mental/behavioural impairments for the purpose of determining a catastrophic injury. Ontario’s regulatory superintendent has thus adopted the recommendations of an expert medical…
Toronto police charge woman for driving a e-bike while over the legal blood alcohol limit
June 8, 2012 by Canadian UnderwriterToronto police have charged a 27-year-old woman with operating an e-bike with a blood alcohol level of over 80 milligrams. The charge has not been proven in court. An e-bike is capable of being propelled by muscular power and is…
Lawyer files class-action lawsuit against Thunder Bay for flooding
June 7, 2012 by Canadian UnderwriterThe city of Thunder Bay is the target of a class-action lawsuit by a law firm alleging that recent flooding in the region was foreseeable and predictable. Watkins Law Professional Corporation filed the lawsuit on behalf of city residents hit…
Plaintiff sues too quickly to determine the presence of a serious and permanent impairment: court
June 7, 2012 by Canadian UnderwriterThe Ontario Superior Court has found that a plaintiff injured in an auto accident “rushed” to trial before full recovery from two shoulder surgeries and therefore has not met the threshold for a permanent serious impairment. In Iannarella v. Corbett,…
International regulator emphasizes “non-traditional” risk for insurers
June 5, 2012 by Canadian UnderwriterThe International Association of Insurance Supervisors (IAIS) is targeting risky, non-traditional activities of large insurance companies that may pose a threat to the global economy. “The potential for systemic risk within the insurance sector needs to be considered where insurers…
Tort judgment and costs in building fire can be apportioned between co-defendants
June 5, 2012 by Canadian UnderwriterAn Ontario court has ruled that a tort judgment and third-party costs arising from a building fire claim can be apportioned between a building owner and a property manager despite the fact the two parties defended the claim against them…