Topic Liability
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…
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…
Why it took four years to add snow removal contractor as a defendant in this slip-and-fall claim
January 4, 2021 by Greg MeckbachA landscaping firm with a contract to spread salt and sand during the winter has been added as a defendant in a personal injury lawsuit in Ontario more than four years after an alleged slip-and-fall accident. 1323765 Ontario Inc., which…
RCMP commits to changes in how it collects, uses information about protesters
December 18, 2020 by Jim Bronskill - THE CANADIAN PRESSOTTAWA – The RCMP has agreed to revamp its policies on the collection and use of information about protesters after a watchdog expressed fresh concerns, a notable shift from the police force’s position only months ago. RCMP Commissioner Brenda Lucki…
Honda recalls 130,000 vehicles in Canada
December 17, 2020 by The Canadian PressMARKHAM, Ont. – Honda says it will recall 130,000 vehicles in Canada, including certain Fit, Civic, Accord, Insight and Acura ILX models, after announcing a similar recall of 1.4 million vehicles in the U.S. The automaker says 96,761 of the…
How family protection endorsement works when multiple tortfeasors liable
December 16, 2020 by Greg MeckbachA Court of Appeal for Ontario ruling that reduced an Ontario auto insurer’s liability by more than $500,000 is now final. The Supreme Court of Canada announced Dec. 10 it will not hear an appeal from Gregory Tuffnail, who was…
What brokers need to do to place hospitality coverage
December 16, 2020 by Greg MeckbachWhen it comes to the hospitality sector, insurers’ risk appetites are constantly changing and underwriters are especially concerned about clients who get most of their revenue from alcohol, a managing general agent reports. “A broker has to spend a lot…
Taming Social Inflation
December 16, 2020 by Adam Malik, Managing EditorSocial inflation essentially describes insurers’ increasing legal costs. Why insurers are pinning this primarily on the rise of litigation funding
Why the D&O market will probably get harder
December 15, 2020 by Greg MeckbachData breaches and the impact of COVID-19 on a company’s financial performance are among the “megatrends” affecting directors’ and officers’ liability claims, Allianz Global Corporate & Specialty warned in a report released Dec. 15. “Outside the U.S., securities class actions…
Series of gaps allowed massive Desjardins data breach, privacy watchdog says
December 15, 2020 by Jim Bronskill - THE CANADIAN PRESSOTTAWA – A series of technological and administrative gaps caused a high-profile data breach at Desjardins – the largest to date in the Canadian financial services sector, the federal privacy watchdog has found. Privacy commissioner Daniel Therrien said Monday that…
How clients can avoid pitfalls when dealing with ‘additional insured’ contracts
December 14, 2020 by Greg MeckbachAgreements in which one party is required to add the other as an “additional insured” can open a huge can of worms. Clauses like this can appear in contracts for maintenance provision, equipment installation, commercial leases, and construction, said insurance…
Why an adjuster’s notes are out of bounds in this subrogation case
December 14, 2020 by David GambrillWhen The Co-operators quickly notified a third-party insurer, AIG Inc., upfront of its intention to pursue a subrogation claim against AIG’s client in an oil spill case, little did The Co-operators know the move would later backfire when it came…