Topic Legal
What’s missing from driverless vehicle rollout plan
January 19, 2021 by Greg MeckbachDriverless vehicles need to have some way of communicating with police, fire and ambulance responders, an auto manufacturers’ group said in a recent report. First responders have ways of handling situations they encounter in traffic but there are no “common…
RCCAQ reacts to Quebec curfew
January 18, 2021 by Greg MeckbachQuebec’s insurance brokers should not experience any major disruptions as a result of the province-wide evening curfew imposed a week ago, the chair of the Regroupement des cabinets de courtage d’assurance du Quebec (RCCAQ) predicts. The curfew took effect on…
Church’s liability to victims confirmed as legal battle over Mount Cashel abuse ends
January 18, 2021 by Sarah Smellie - THE CANADIAN PRESSST. JOHN’S, N.L. – The Supreme Court of Canada has refused a bid by the Roman Catholic archdiocese in St. John’s to appeal a ruling that found it liable for sexual abuse at the former Mount Cashel orphanage. Thursday’s court…
When the appraisal umpire goes beyond the depreciation rate of both the claimant and the insurer
January 15, 2021 by David GambrillIn a $1.2-million dispute arising from a property resort fire, an Ontario appraisal umpire did not exceed his authority when he used a much higher depreciation rate than both the claimant and the insurer did to calculate the value of…
How ‘take-home COVID’ can impact employers’ liability
January 13, 2021 by Greg MeckbachCOVID-19 can cause a commercial general liability claim if a commercial client is sued by the family member of a worker who has caught the disease at work and then infected family members, insurance law experts suggest. “Take-home COVID” is…
How COVID-19 vaccine side effects impact liability risk
January 12, 2021 by Greg MeckbachSome people could suffer side effects from a COVID-19 immunization, but the vaccine manufacturers have a number of protections that minimize their liability risk, Canadian lawyers suggest. Prime Minister Justin Trudeau was quoted last week by The Canadian Press as…
What could push Facebook and Amazon into offering insurance
January 12, 2021 by Greg MeckbachIf the federal government goes forward with giving fintechs increased access to consumer financial transaction data, this could encourage large tech players like Amazon and Facebook to get into the insurance business, a Canadian P&C expert suggests. “Nobody ever thought…
What Supreme Court says about liability risk for contract breach
January 11, 2021 by Greg MeckbachA recent Supreme Court of Canada ruling in favour of a property maintenance firm has several liability risk management takeaways when it comes to contracting for commercial clients. C.M. Callow Inc. had property maintenance contracts in 2012-14 for a group…
Proposed rule would allow insurers to offer rebates and incentives to Ontarians
January 8, 2021 by Greg MeckbachOntario’s insurance regulator is looking for feedback from the public on a proposal to relax the rules prohibiting unfair or deceptive acts, allowing insurers to offer rebates and incentives to consumers under certain circumstances. “If you talk to insurance companies…
Quebec long-term care residents threaten legal action to get second vaccine dose
January 8, 2021 by Morgan Lowrie - THE CANADIAN PRESSMONTREAL – A group of seniors at one of the first long-term care homes in Quebec to receive COVID-19 vaccines have threatened to sue the provincial government if they don’t receive their second doses in the coming days. A formal…
Impeding, hindering or preventing: Do these mean the same thing in business interruption insurance?
January 6, 2021 by Greg MeckbachSay your client has a policy covering business interruption if the government prevents access to the premises. A pandemic breaks out. Say that client is not completely prohibited from conducting business, but is still losing sales because the government is…
Mystery solved: Phantom passenger loses accident benefits case
January 6, 2021 by David GambrillOntario’s Licence Appeal Tribunal (LAT) has denied accident benefits to a claimant who said she had been injured in an auto collision, finding that the claimant could not prove she was actually in the car when the accident happened. Maxine…