Topic Legal
Claims of inadequate signage against ministry of transportation fall outside of limitation period
February 14, 2012 by Canadian UnderwriterThe Ontario Superior Court of Justice has denied a motion to have the Ministry of Transportation of Ontario (MTO) added as a defendant in a case in which the defendant claims a highway had insufficient signage, resulting in an accident.…
Ontario court rules that 60-day mediation timeframe is firm, despite case backlogs
February 10, 2012 by Canadian UnderwriterDespite a serious mediation case backlog in Ontario, claimants may nonetheless proceed with legal actions against insurers if mediations are not completed within 60 days of an application for mediation being filed with the Financial Services Commission of Ontario (FSCO),…
Limitation period for a third party indemnity action is the same as when plaintiff’s cause of action against the third party accrues: Nova Scotia court
February 9, 2012 by Canadian UnderwriterThe Supreme Court of Nova Scotia has found the limitation period for a third party indemnity action in the province starts to run at the same time as a plaintiff’s cause of action against the proposed third party accrues.In doing…
Application of Ontario’s Minor Injury Guideline is “crazy right now”: AB lawyer
February 9, 2012 by Canadian UnderwriterThe application of Ontario’s new Minor Injury Guideline (MIG), which defines the scope of minor injuries sustained in vehicle collisions, is “crazy right now,” according to Kadey B.J. Schultz, partner with Hughes Amys LLP. In some instances, she said, the…
Judicial ruling concerning Ontario’s minor injury treatment protocol unlikely before 2014-15
February 9, 2012 by Canadian UnderwriterA judicial ruling in Ontario on the Minor Injury Guideline (MIG), introduced by the province in 2010 and which defines the scope of a minor injury, likely won’t happen before 2014 or even 2015, according to Kadey B.J. Schultz, partner…
Mediation applications in Ontario should be sent to insurers, not just the regulator: lawyer
February 8, 2012 by Canadian UnderwriterAn application for mediation in Ontario does not have to be sent to an insurer, only the regulator, which is a problem with the system, according to Philippa Samworth, a partner with Dutton Brock LLP. Samworth spoke as a panel…
Insurers warned to prepare to help Ontario regulator clear mediation case backlogs
February 8, 2012 by Canadian UnderwriterInsurance companies had better prepare for the effects of the Ontario insurance regulator’s stated intent to clear a backlog of mediation cases.Eric Grossman, a founding partner of Zarek Taylor Grossman Hanrahan LLP, moderated a panel discussion about the case backlog…
CCIR posts issues paper about online insurance sales
February 7, 2012 by Canadian UnderwriterThe Canadian Council of Insurance Regulators (CCIR) has circulated an issues paper that discusses issues raised by insurance sales on the Internet.In particular, the paper identifies the absence of a regulatory framework specific to the distribution of online financial or…
Quebec police pulling over more drivers for cell phone use
February 6, 2012 by Canadian UnderwriterQuebec police are reportedly concerned about the use of cell phones while driving and a lack of seat belt use, according to a CTV.ca report.CTV cites figures from the Sûreté du Québec (SQ) showing that 9,000 drivers were pulled over…
Quebec shuts down six provincial driving schools
February 1, 2012 by Canadian UnderwriterQuebec’s auto insurer, the Societe de l’assurance automobile du Quebec (SAAQ), has suspended the licenses of six of the province’s driving schools, following reports that the schools were selling certificates to students who weren’t attending the lessons, according to CTV…
Appeal Court overturns rear-end collision liability findings because trial judge failed to resolve divergent testimony
January 31, 2012 by Canadian UnderwriterThe Ontario Court of Appeal ordered a re-trial in a case that apportioned liability for a rear-end collision on the basis that the trial judge failed to resolve divergent testimony.In Martin-Vandenhende v. Myslik, the Appeal Court notes Janice Martin-Vandenhende was…
ICBC busts B.C. man for auto insurance fraud after he brags about it on Facebook
January 30, 2012 by Canadian UnderwriterA British Columbia man learned the hard way that if you’re going to commit insurance fraud, bragging about in on Facebook is not the wisest thing to do. Corbin Joseph was fined $2,000 and ordered to pay more than $18,000…