Topic Liability
Quebec class-action request filed on behalf of alleged victims of ex-hockey coach
September 2, 2020 by Morgan Lowrie - THE CANADIAN PRESSMONTREAL – A Quebec law firm is launching a $10-million class-action lawsuit on behalf of the alleged victims of a former Montreal police officer and hockey coach who died awaiting trial on sex-related charges. The request for authorization filed Tuesday…
Personal info of kids with disabilities accidentally shared: Manitoba government
August 28, 2020 by The Canadian PressWINNIPEG – The Manitoba government says human error resulted in the personal information of 9,000 children with disabilities being unintentionally shared. The province says the breach occurred on Wednesday when staff from Children’s Disability Services sent an email intended for…
Court rules against The Co-operators in hit-and-run scooter accident
August 27, 2020 by Greg MeckbachAn Ontario court has ruled against an insurer’s attempt to dismiss a lawsuit in which an argument was made that the woman on the receiving end of a hit-and-run could have reasonably done more to get the driver’s information. In…
Non-resident property owners allowed back in Newfoundland and Labrador soon
August 27, 2020 by Jason ContantST. JOHN’S, N.L. – People who own property in Newfoundland and Labrador but who don’t live there full-time can apply to enter the province next week. Dr. Janice Fitzgerald, the province’s chief medical officer of health, said Wednesday that the…
Class-action lawsuit filed on behalf of passengers in fatal Alberta bus crash
August 25, 2020 by Bill Graveland -THE CANADIAN PRESSCALGARY – A class-action lawsuit alleging the defendants acted recklessly and unreasonably has been filed against the operators of a tour bus involved in a fatal rollover at Jasper National Park’s Columbia Icefield. Three people were killed and 14 others…
The pros and cons of juries in civil trials
August 24, 2020 by Greg MeckbachIf the Ontario government abolishes juries in civil trials, this would take away a basic protection for defendants in personal injury lawsuits, a defence lawyer suggests. “The solution is not to abolish juries in personal injury actions. The idea being…
Why Canada’s top court is reviewing a snow removal lawsuit against a municipality
August 20, 2020 by Greg MeckbachThe question of whether a municipality is protected from liability for a pedestrian’s injury arising from city staff’s snow removal decisions is headed to the Supreme Court of Canada. The top court announced Thursday it will hear an appeal from…
Court ruling in hockey claim could lead to more joint defence situations: legal expert
August 19, 2020 by David GambrillA recent Ontario Court of Appeal decision, in which a fan was injured by a hockey puck during a game, may lead to a shift toward joint claims handling at the outset of a claim when two insurers are potentially…
Are your clients using the pandemic to terminate staff? A primer on their liability exposure
August 18, 2020 by Adam MalikJust because staff members are not choosing to return the office, that doesn’t mean employers can terminate them, an employment lawyer warned. If P&C organizations or their commercial business clients are culling employees for the wrong reasons, they could be…
How the largest commercial brokerage views its COVID E&O exposure
August 18, 2020 by Greg MeckbachAlthough some commercial clients may start “suing everybody” because their business interruption insurance did not cover income lost during the pandemic, brokers could not have obtained broad-scale pandemic coverage for all clients even if they wanted to because the exposure…
Experts say COVID waivers unlikely to shield private schools from legal action
August 18, 2020 by Cassandra Szklarski - THE CANADIAN PRESSTORONTO – Some private schools afraid they’d be blamed if a student gets COVID-19 are considering waivers to absolve them, but experts say that wouldn’t stop a parent from suing or a school from racking up legal bills. Toronto lawyer…
Top court to consider release that excludes ‘claims of any kind or nature whatsoever’
August 14, 2020 by Greg MeckbachThe legal status of a release that excludes a personal injury claimant from pursuing further claims arising out of the incident “of any kind or nature whatsoever” against the City of Corner Brook, Nfld., is headed to the Supreme Court…