Topic Legal
Ontario’s new rule allowing joint expert reports could lead to more settlements: insurance defence counsel
July 29, 2010 by Canadian UnderwriterOntario’s amended Rules of Civil Procedure have given trial judges the power to order experts for both sides to prepare a joint report, which may lead to more claims settlements and fewer trials. Bill Chalmers of Hughes Amys made the…
OPP to crack down after 6% increase in traffic fatalities
July 28, 2010 by Canadian UnderwriterCiting a 6% increase in driving fatalities thus far in 2010, Ontario Provincial Police are vowing to crack down on “irresponsible drivers” who demonstrate aggressive driving, drive impaired and don’t wear seat belts.“Our Provincial Traffic Safety Program (PTSP) and other…
Woman “struck by” pole protruding from parked vehicle is entitled to coverage: Ontario Appeal Court
July 26, 2010 by Canadian UnderwriterA woman who suffered a serious head injury after hitting her head on a pole protruding from an unidentified, parked truck is covered by her own insurer’s policy, even though the truck was not moving at the time, the Ontario…
Surveillance for evidence collection does not fall under privacy law: Federal Court
July 26, 2010 by Canadian UnderwriterUsing surveillance to help mount a defence in a civil legal action is not a “commercial activity” under Canada’s privacy law and is therefore not bound by the Personal Information Protection and Electronic Documents Act (PIPEDA), the Federal Court of…
Manitoba calls for fraud endorsement in brokers’ E&O insurance
July 23, 2010 by Canadian UnderwriterManitoba licensed insurance agents are now required to have an endorsement that covers fraud and dishonest acts as part of their mandatory errors and omissions insurance.The amendment to the Insurance Agents & Adjusters Regulation was implemented on May 31, 2010,…
U.S. securities litigation filings surges in 2010 Q2: Advisen
July 20, 2010 by Canadian UnderwriterThe U.S. government investigation of Goldman Sachs and the Deepwater Horizon oil spill may have sparked a surge in securities litigation in 2010 Q2, Advisen reports.In its quarterly report, Advisen noted the number of securities lawsuits filed in 2010 Q2…
Ontario Bar Association elects insurance law specialists to board of directors
July 19, 2010 by Canadian UnderwriterThe Ontario Bar Association (OBA) has elected insurance law specialists as its new president and second vice-president, effective August 15.Lee Akazaki, the OBA’s incoming president, is a lawyer at Gilbertson, Davis, Emerson in Toronto. He specializes in personal injury, property…
Number of Ontario auto claims settlements without a mediator triples: FSCO arbitrator
July 9, 2010 by Canadian UnderwriterAn arbitrator at the Financial Services Commission of Ontario (FSCO) says resolving auto accident benefits claims disputes “on a timely basis” has become “an increasingly critical issue” in the province’s alternative dispute resolution (ADR) system.In his decision in Dominion of…
Supreme Court of Canada confirms jury trials can’t be split without consent of the parties
July 8, 2010 by Canadian UnderwriterThe Supreme Court of Canada has dismissed an appeal in Linn v. Kovach, upholding the principle that a court cannot split a jury trial without the consent of both parties.The Ontario Court of Appeal found in February 2010 that jury…
DAS Canada obtains Ontario license to offer legal expense insurance in the province
July 8, 2010 by Canadian UnderwriterDAS Legal Protection Insurance Company Limited (DAS Canada) has received its insurance licence from The Financial Services Commission of Ontario, making DAS Canada the first specialty legal expense insurer in the country able to offer policies in Ontario. Legal expense…
Expect judges to use ‘life joys’ to determine serious injuries: Hughes Amys LLP
July 6, 2010 by Canadian UnderwriterInsurance defence lawyers believe Ontario’s judiciary will increasingly use the concept of “life joys” to determine whether or not auto injuries meet the threshold of “serious” injuries, according to an article in Hughes Amys LLP newsletter Noteworthy.“The concept of ‘life…
Manitoba drivers caught with cell phones face $200 fine as of July 15, 2010
July 5, 2010 by Canadian UnderwriterManitoba drivers caught texting or using hand-held cell phones could face a fine of almost $200 under a new law that takes effect July 15, 2010, Infrastructure and Transportation Minister Steve Ashton has announced.The new law comes under amendments to…