Topic Liability
A province’s second effort to limit auto trial experts is enacted into law
July 13, 2020 by David GambrillStymied by a B.C. Supreme Court ruling last year in Crowder v. British Columbia (Attorney General), B.C.’s attorney general is attempting once again to change court rules to limit expert evidence in vehicle court actions – a move that is…
Who’s liable for what in this strata toilet failure
July 13, 2020 by Greg MeckbachA British Columbia strata unit owner who suffered water damage after a toilet tank ruptured is unable to recover the cost to replace the unit’s toilets from the strata corporation. In 2019, a Crane toilet storage tank failed in a…
Commercial clients want your advice on how to re-open safely. What do you tell them?
July 8, 2020 by David GambrillAs provincial governments across Canada begin to fire up their local economies in staged phases, Canadian businesses are asking their brokerages for advice on how to re-open safely. Aon Canada is already engaged in these sorts of their discussions with…
Ontario premier’s stance on liability protection from pandemic
July 8, 2020 by Greg MeckbachIt is not clear yet whether the Ontario government will grant any protection for liability arising from COVID-19, but the province will not protect “bad actors” in the long-term care or nursing home sector, a spokesperson for Premier Doug Ford…
Quebec health minister threatens to lock down bars if COVID rules are violated
July 7, 2020 by Sidhartha Banerjee - THE CANADIAN PRESSMONTREAL – Quebec’s health minister threatened owners of bars and other venues across the province on Monday, saying he won’t hesitate to shut them down if COVID-19 public health directives are not followed. Describing the scenes at some establishments over…
Lac Megantic marks seventh anniversary of 2013 rail disaster with memorial site
July 6, 2020 by Stephanie Marin – THE CANADIAN PRESSSeven years after a rail disaster decimated its downtown, Lac-Megantic sought Monday to honour both its past and future by inaugurating a long-planned memorial space at the site at the heart of the tragedy. On July 6, 2013, a runaway…
How liability for deductibles on strata claims is changing in B.C.
July 3, 2020 by Greg MeckbachStrata unit owners might see a reduction in liability risk for common-area damage if a recently-tabled bill is passed in British Columbia. “Right now, if a water pipe bursts in a bathroom due to manufacturer error and leaks beyond common…
How a property owner can be liable when a motorcycle hits a wayward donkey
July 2, 2020 by Greg MeckbachA Supreme Court of Canada decision released Thursday means a construction materials supplier is partly liable for injuries suffered by a motorcyclist who collided with a donkey that escaped from a rural property. In 2009, Amir Youssef was riding his…
How the P&C industry can lead change in long-term care homes
June 30, 2020 by Greg MeckbachInsurers could be instrumental in pushing nursing homes and long-term care facilities to improve the way they manage the risk of a disease outbreak, a Toronto-based personal injury lawyer suggests. “As a plaintiff’s personal injury lawyer, I usually don’t see…
What the court said about parents’ liability when hosting teen drinking parties
June 25, 2020 by David GambrillParents hosting a house party in which minors are drinking alcohol and smoking marijuana must be reasonable — but not perfect — when protecting teens against “foreseeable” risks, a B.C. court ruled in a recent social host liability case. The…
Brokers urged to stay on top of coverage changes as businesses re-open
June 22, 2020 by David GambrillBrokers are advised to be aware of the “second wave” — and that doesn’t refer to the anticipated increase in the number of novel coronavirus infections in the fall. No, brokers are now being cautioned about the new wave of…
Why waivers won’t necessarily protect clients from COVID-19 liability
June 22, 2020 by Greg MeckbachWaivers of liability for disease transmission might protect commercial clients from lawsuits, but the industry will not know for sure until one is tested in an appeal court, a litigation defence lawyer suggests. A waiver will not, on its own,…