Topic Liability
Supreme Court of Canada sides with city over release for ‘claims of any kind or nature whatsoever’
July 23, 2021 by Greg MeckbachAs the late singer Prince said, forever is a mighty long time. While his 1984 tune “Let’s Go Crazy” is not about tort claims, a Supreme Court of Canada decision released Friday should serve as a reminder of the significance…
Why your clients should do an inspection before buying a home
July 21, 2021 by Greg MeckbachA couple who discovered a leaking bathtub after moving into their new home cannot get compensation from the sellers. A “reasonable inspection” would have revealed a water problem before Tyler and Keva Luscombe bought their home in 2020, the British…
Ford issues three safety recalls affecting 42,000 Canadian vehicles
July 16, 2021 by The Canadian PressDEARBORN, Mich. – Ford Motor Co. has issued three safety recalls affecting 850,000 vehicles in North America, including nearly 42,000 in Canada. The largest recall involves 775,000 Explorers, including almost 33,000 in Canada, for model years 2013 to 2017. The…
Top court asked to create “new law” in waiver case involving insurer’s flip-flop on coverage
July 14, 2021 by Greg MeckbachCanadian law on estoppel or waiver could change if the Supreme Court of Canada rules against RSA in Trial Lawyers Association of British Columbia v. Royal and Sun Alliance Insurance Company of Canada, a Vancouver-based insurance lawyer suggested Tuesday. Estoppel…
Temple Insurance wins appeal in construction wrap-up dispute
July 12, 2021 by Greg MeckbachTemple Insurance Company has won its appeal of a 2020 Court of Queen’s Bench of Saskatchewan ruling in a disputed construction wrap-up liability claim. Temple now has to pay some (but not all) of the legal defence costs incurred by…
Looking for a quick D&O rebound after COVID? Don’t hold your breath….
July 9, 2021 by David GambrillBrokers looking to see directors’ and officers’ (D&O) insurance pricing and capacity rebound quickly after the pandemic had better not hold their breath — especially with the Canadian government now starting to pull the plug on certain COVID relief measures…
Why delivery company is liable for damage to parked car
July 9, 2021 by Greg MeckbachIf a commercial auto client is accused of causing damage to a third-party vehicle, the client could be harming its legal position if it fails to produce a statement from its own driver. United Parcel Service Canada Ltd. is on…
Internet kills idea of an inconvenient place to defend your client: Judge
June 30, 2021 by David GambrillIn the age of Zoom, the Ontario Superior Court of Justice has essentially found that it doesn’t really matter in which jurisdiction you defend your clients in an arbitration hearing — it’s all part of the common cyber landscape now.…
Appeal court upholds $385,000 payment to Northbridge arising from accident benefits assignment
June 28, 2021 by Greg MeckbachThe Court of Appeal for Ontario recently ruled in favour of Northbridge Insurance in an auto liability claim that featured a dispute over how much of the plaintiff’s accident benefits should go to the liability insurer. Kossay El-Khodr was rear-ended…
Why ridesharing makes motor vehicle accident claims more complex
June 21, 2021 by Greg MeckbachInspecting the accident scene early and downloading black box data are among the tactics insurance lawyers use to defend ride share tort claims, lawyers suggested to A.M. Best Company Inc. “Rideshare cases often involve multiple parties and different causes of…
Why liability insurance did not cover the defence of a remediation order
June 18, 2021 by Greg MeckbachAn eastern Ontario municipality does not have coverage with any of its four former liability insurers for a dispute with the provincial environment ministry over alleged pollution occurring more than six decades ago. That’s because the insurance policies in question…
Updated tailings code after Mount Polley disaster an improvement: B.C. mines auditor
June 18, 2021 by The Canadian PressVICTORIA – A new report says changes to British Columbia’s requirements for tailings storage after the Mount Polley disaster have generally improved the management of mining waste. The mines chief auditor found many of the revisions made in 2016 to…