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Hotels sue Aviva Canada for $150 million in proposed BI class action

July 27, 2020 by David Gambrill

Lerners LLP has filed a proposed $150-million class-action lawsuit against Aviva Canada on behalf of hotels across the country, claiming that the hotels are entitled to coverage for loss of business income relating to COVID-19. “We know these are challenging

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A groundwater flood occurs in the basement: Who pays for the carpet?

July 24, 2020 by Greg Meckbach

A plumbing firm that failed to cap an old water pipe after helping renovate a basement is on the hook to reimburse the owner for a new carpet after the property suffered flooding. This is the result of a British

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Northbridge’s advice to restaurants upon re-opening

July 23, 2020 by Greg Meckbach

As restaurants in much of Ontario re-open July 24, a major commercial insurer is warning companies to train their staff carefully. “Servers should bring items such as glasses, cutlery, and single-serve condiments to the table only after the party is

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Toronto mayor says masking bylaw possible if apartment buildings don’t comply

July 23, 2020 by Jake Kivanc - THE CANADIAN PRESS

Toronto Mayor John Tory said he’s prepared to extend the city’s mandatory masking order to shared spaces inside apartment and condominium buildings if management companies refuse to do it voluntarily. Current mandatory masking bylaws in cities such as Toronto apply

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The issue with this waiver in trampoline personal injury lawsuit

July 22, 2020 by Greg Meckbach

An indoor trampoline operator has lost its bid to have a personal injury lawsuit from a customer dismissed on the grounds of a waiver. In Zaky v. 2285771 Ontario Inc., Ontario Superior Court Justice Clayton Conlan ruled there is a

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A P&C insurance-specific guide for returning to the office: Deloitte

July 21, 2020 by David Gambrill

As Canadian P&C insurance industry leaders start to think about bringing employees back to the office, now is a good time to re-think the work required, the workforce skills that will be needed in the future, and what the future

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Basement flood victims lose suit against previous owners

July 20, 2020 by Greg Meckbach

British Columbia homeowners who tried to sue the people who sold them the home for water damage allegedly caused by hydrostatic pressure lost their case at the Civil Resolution Tribunal. Seth Nanayakkara, Julia Wells and Linda Adams bought took possession

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Court dismisses class action against insurers for handling of HST in auto AB claims

July 17, 2020 by David Gambrill

Ontario’s Superior Court has quashed a proposed class action lawsuit against 16 Ontario auto insurers — a dispute related to insurers deducting HST tax from accident benefits paid out to minor auto accident injury victims — because only the LAT

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What happened when this strata unit owner got sued over toilet supply leak

July 15, 2020 by Greg Meckbach

A British Columbia strata owner is not liable for damage to the unit immediately below as a result of a burst toilet supply line, the province’s Civil Resolution Tribunal has ruled. The September 2018 plumbing mishap happened in a strata

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How a simple office procedural error led to a fine for a broker, the nominee, and the brokerage

July 15, 2020 by David Gambrill

A “lack of appropriate office procedures,” in addition to a “casual” approach to handling a client file, led to a series of miscues that resulted in coverage not being bound for a married couple who reported a theft of their

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Fraud schemes that financially-strapped clients may be considering

July 14, 2020 by Greg Meckbach

Some consumers who owe money on vehicle loans during the COVID-19 pandemic may be tempted to make false auto theft claims, an independent adjuster warns. “Insureds who are desperate for money may have the vehicle stolen and burned to ensure

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How liability is shared for this left-turn collision at a yellow stoplight

July 14, 2020 by Greg Meckbach

A British Columbia motorist who was hit by an oncoming vehicle while turning left at a yellow light is 75% liable, not 100% liable as originally assessed by the insurer, the province’s Civil Resolution Tribunal (CRT) has ruled. Clayton Trenaman