Topic Legal
Court draws distinction between a brokerage and a consultant
September 19, 2023 by David GambrillCiting the lack of a non-compete agreement, as well as the difference between insurance consulting services and those of a traditional insurance brokerage, the Ontario Superior Court declined to order an injunction that would stop two First Nations land claims…
How potholes lead to serious brain injuries for e-scooter riders
September 8, 2023 by Brittany Sinclair, B.Sc., P.Eng. 30 Forensic EngineeringEditor’s note: This is the second of a two-part series on the biomechanics of rider falls from e-scooters. Part 1 appeared Aug. 25. Road safety is directly linked to maintenance standards. In Ottawa, the city’s recommended maintenance quality standard…
What a tribunal said about psychological symptoms in an auto case
September 5, 2023 by David GambrillOntario’s Licence Appeal Tribunal has rejected a claim for auto accident benefits arising from psychological symptoms, finding that while these symptoms happened after the crash, they were not caused by the crash. Also, the adjudicator found the injured insured’s doctors…
Why OSFI changed its rules for appointed actuaries
August 31, 2023 by David GambrillIn the wake of IFRS 17 accounting changes, Canada’s solvency regulator is requiring federally regulated P&C insurance companies to be more proactive in reporting any changes related to their appointed actuaries (AAs) and their peer reviewers. The regulator has also…
Why ransomware is still a threat to your cyber clients
August 31, 2023 by Jason ContantRansomware is “almost certainly the most disruptive form of cybercrime facing Canada” because it’s pervasive and can have a serious impact on an organization’s ability to function, said a new report from the Canadian Centre for Cyber Security. However, it’s…
Where the burden of proof lies in accident claim adjudications
August 28, 2023 by Philip PoradoAn applicant who was able to prove on a balance of probabilities that she should be removed from the minor injury guideline (MIG) because of a psychological impairment is entitled to additional accident benefits, Ontario Licence Appeal Tribunal adjudicator Nick…
Fall risks associated with e-scooters
August 25, 2023 by Brittany Sinclair, B.Sc., P.Eng. 30 Forensic EngineeringEditor’s note: This is the first of a two-part series on the biomechanics of rider falls from e-scooters. Part 2 will appear next week. Canada’s capital is in the midst of its fourth electric scooter (or e-scooter) pilot program.…
Will insurance cover deductible when toilet overflows?
August 21, 2023 by Philip PoradoA strata apartment owner is entitled to collect a deductible from the owner of the unit above his own, following a toilet overflow that caused substantial damages to his apartment, British Columbia’s Civil Resolution Tribunal (CRT) has determined. In Meier…
Ontario adjudicator, Aviva targets of “conflict-of-interest” complaints
August 18, 2023 by Alyssa DiSabatinoThe Ontario Trial Lawyers Association (OTLA) filed formal complaints this month against Aviva Canada and Licence Appeal Tribunal (LAT) adjudicator Thérèse Reilly, alleging the adjudicator was in a “conflict of interest” when she continued adjudicating LAT tribunal panels in insurance…
Why AB claim doesn’t clear minor injury guideline hurdle
August 15, 2023 by Philip PoradoAn applicant who failed to demonstrate her injuries weren’t minor cannot receive benefits beyond the minor injury guideline (MIG), an adjudicator determined in an Aug. 14 Licence Appeal Tribunal (LAT) decision (Reid v. Aviva General Insurance, 2023 ONLAT 20-015102/AABS – A). The MIG…
Regulator seeks feedback on public warning notices
August 14, 2023 by Jason ContantOntario’s financial services regulator is consulting on proposed guidance for how and when it issues public warning notices. The guidance applies to all sectors (except pensions) regulated by the Financial Services Regulatory Authority of Ontario (FSRA), which includes property and…
Why Berkshire Hathaway’s fidelity bond didn’t cover a Ponzi scheme
August 9, 2023 by David GambrillA fidelity bond issued by Berkshire Hathaway does not cover the loss of an investment firm arising from a Ponzi scheme perpetrated by one of its underlying fund managers. The Ontario Superior Court decision will be appealed, counsel for the…