Topic Legal
Appeal court ‘vindicates Aviva’ in slip-and-fall lawsuit
May 6, 2021 by Greg MeckbachCommercial liability clients do not have to settle personal injury lawsuits even if the defendants are perceived as having deep pockets, a recent Court of Appeal for Ontario ruling suggests. “A litigant, or its insurer, even if wealthy, is not…
Insurance certificate fraud costs ex-broker $26K
May 5, 2021 by David GambrillAlberta’s broker regulator has issued a civil penalty of $26,000 against a former broker found to have issued false insurance certificates to clients as “placeholders” until coverage was bound — which it never was. The penalty was based on 52…
What OSFI expects from insurers before IFRS 17 comes into effect
May 4, 2021 by Jason ContantCanada’s federal solvency regulator is expecting high-quality submissions from property and casualty insurers for the last comprehensive “public quiz” before the IFRS 17 insurance accounting standard goes live on Jan. 1, 2023. Tara-Lea Herkert, director of the capital division of…
Why insurers like Ontario’s plans to restrict tow trucks
April 29, 2021 by Greg MeckbachOntario tow truck operators will be prohibited from stopping within 200 metres of motor vehicle accidents unless they are specifically asked to do so by people involved in the collision. This is what will happen if Bill 282, the Moving…
Tribunal quashes small claim from owner of water-damaged strata unit
April 29, 2021 by Greg MeckbachYour client owns a strata apartment in a high-rise. Water starts coming in from the ceiling from the unit above. The night security guard visits the higher of the two units but neither the occupant nor the security guard can…
What courts say about vacancy exclusion when elderly homeowner client moves to a care home
April 27, 2021 by Greg MeckbachAn elderly homeowner’s health takes a turn for the worse, necessitating a move into a care home. The client still owns her original home, which suffers water damage. The insurer denies the claim on the grounds that the property is…
Federal budget contains ‘unexpected positive development’ for brokers re: Bank Act
April 23, 2021 by Greg MeckbachThis year’s federal budget could keep the restrictions, on banks selling home and auto insurance, for at least another four years. “There was an unexpected positive development in the budget for us,” Peter Braid, CEO of the Insurance Brokers Association…
Alberta bill would protect health workers, care homes from some COVID-19 lawsuits
April 23, 2021 by Dean Bennett – THE CANADIAN PRESSEDMONTON – Alberta has introduced a bill that would give legal protection to health workers, including long-term care-home operators, facing lawsuits over COVID-19. Richard Gotfried, a United Conservative backbencher, says the proposed legislation offers protection but is not a free…
Ontario judge urges legislature to deal with insurance fraud
April 22, 2021 by David GambrillAn Ontario judge has taken the rare approach in a sentencing decision to urge the provincial government to take steps to prevent future instances of insurance fraud. Ontario Court Justice David S. Rose made the obitur remarks in his written…
Why insurance overseer won’t regulate MGAs or fintechs just yet
April 22, 2021 by Greg MeckbachOntario’s insurance regulator has no plans to regulate fintechs or managing general agents in the near term. “We sort of feel like we have enough on our plates,” said Tim Bzowey, executive vice president of auto/insurance products for the Financial…
How your federal corporate tax reporting rules could change
April 21, 2021 by Greg MeckbachSome brokerages might be at greater risk of being audited by Canada Revenue Agency or having to file more tax paperwork if measures proposed in Monday’s federal budget come to fruition. The federal government is proposing new requirements for corporations…
What the court said when property owners refused to submit a Final Proof of Loss
April 20, 2021 by David GambrillWestland Insurance Company was within its rights to assume a contentious, two-year insurance claim had been resolved when two Victoria, B.C., property owners refused to submit a “Final Proof of Loss” form that had been filled out for them to…