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Topic Liability

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Strata owner not liable for common-area water damage

December 14, 2021 by Greg Meckbach

A strata corporation can’t recover $25,000 towards water damage repairs originating from a unit owner’s broken toilet water supply line, the British Columba civil resolution tribunal has ruled. On June 23, 2019, water leaked out of a strata lot. The

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Supreme Court mulls municipal liability in construction site death

December 13, 2021 by Greg Meckbach

The Supreme Court of Canada will consider the question of what risk a municipality has when someone is killed or injured on a construction site when a contractor is involved. Specifically, the top court announced Dec. 9 it will hear

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Product recall insurance demand to rise in 2022, lawyers predict

December 10, 2021 by Canadian Underwriter Staff

Complex global supply chains, inconsistent regulations across jurisdictions, adoption of automation and the COVID-19 pandemic, will lead to a rise in product recalls, two Borden Ladner and Gervais lawyers said in a recent blog. “We predict 2022 will see more

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Why pollution liability brokers should pay attention to this auditor general report

December 9, 2021 by Greg Meckbach

The Ontario government should re-visit a rule that leaves polluters off the hook for hazardous spills that cost less than $10,000 to clean up, the province’s auditor general suggests. In 2016, the Ontario environment ministry [now called the Ministry of

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Do your clients freelance? The right questions will get them proper coverage

December 8, 2021 by Brooke Smith

Your clients may love being their own bosses, or they may be self-employed by necessity. “If you look at what’s happening with the gig economy, it seems many [people] are either finding new careers and becoming freelancers or freelancing as

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Institutional investors increasingly likely to divest on ESG grounds

December 6, 2021 by Canadian Underwriter Staff

Like insurers, Canada’s institutional investors are examining how environmental, social and governance (ESG) factors weigh into their operational decisions. A new EY report on global institutional investors that includes Canada showed 74% are more likely to divest from companies with

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Alberta rolls out new rules forcing industry to pay for abandoned well cleanup

December 1, 2021 by The Canadian Press

CALGARY – Alberta’s oil and gas regulator has rolled out new rules aimed at addressing the growing problem of inactive and abandoned wells in the province. The new rules will require the energy industry to spend $422 million next year

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B.C. auto claimant wins dispute over ‘declared value’ in total loss

November 26, 2021 by Greg Meckbach

The Insurance Corporation of British Columbia has been ordered to pay an extra $5,000 to a client whose vehicle was badly damaged on a trip from California. In Link v. ICBC, released Nov. 25, the province’s civil resolution tribunal ruled

News HRLegalLiabilitySaskatchewan

Saskatchewan to amend employment act to recognize workplace sexual harassment

November 19, 2021 by The Canadian Press

REGINA – Saskatchewan is proposing to amend its employment act to recognize sexual harassment in the workplace. The government has introduced legislation to make it clear that any unwelcome action of a sexual nature constitutes harassment. The amendment also covers

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Supreme Court of Canada rules against BC trial lawyers in disputed subrogated Ontario auto claim

November 18, 2021 by Greg Meckbach

If the Trial Lawyers Association of British Columbia had its way, auto insurers would have an incentive to go the “extra mile” in trying to find reasons to deny claims, two Supreme Court of Canada judges suggested in a decision

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How Ontario direct compensation-property damage affects temporary loaner vehicles

November 17, 2021 by Greg Meckbach

An Ontario insurer that wrote optional collision coverage for a client is not on the hook for damage to a loaner vehicle borrowed by that client while that client’s own vehicle was in for repair, a judge wrote in a

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Stability, finally? What insurers and brokers can look forward to in 2022

November 12, 2021 by Brooke Smith

Brokers and insurers may see some stabilization in the market in 2022. “We saw tremendous rate pressure, high operating ratios, and low ROIs in 2019 and 2020,” said Kevin Neiles, president, Western Canada and chief markets officer at Gallagher, during