Keyword
Court of Appeal for Ontario
Do repair centres owe a duty of care to car thieves?
March 10, 2017 by Canadian UnderwriterThe Supreme Court of Canada recently announced it will hear an appeal from an auto repair centre that was successfully sued by a person who participated in the theft of a customer’s car from that repair centre and was injured…
Small firms wanting cyber coverage should “hold an inventory” of personally identifiable information: Chubb
March 3, 2017 Greg Meckbach, Associate EditorBodily injury and property damage exclusions in cyber insurance policies means the Internet of Things has “big implications” for organizations, while malware that existed unbeknownst to a user before binding a policy can mean a cyber incident is not covered,…
Supreme Court of Canada will not hear appeal from accident victim who tried to sue municipality
March 2, 2017 by Canadian UnderwriterA pedestrian who was hit by a car is not able to sue the City of Kitchener and the Regional Municipality of Waterloo, Ontario because the Ontario Limitations Act bars the plaintiff from adding the municipalities as defendants to an…
Supreme Court rules on admissibility of police drug recognition experts in criminal impaired driving trials
February 23, 2017 by Canadian UnderwriterAn Ontario motorist charged with impaired driving is facing a third trial now that the Supreme Court of Canada has ruled that a judge did not have to hold a voir dire before admitting opinion evidence from a police drug…
Supreme Court of Canada will not hear appeal from municipality ruled negligent after cyclist breaks neck
February 16, 2017 by Canadian UnderwriterCanada’s highest court announced Thursday it will not hear an appeal from a municipality that was sued, under Ontario’s Occupiers Liability Act, by a cyclist who broke his neck after attempting to ride over an obstacle at an adventure park.…
Supreme Court of Canada hears appeal from auditing firm over $118-million judgement arising from Livent fraud
February 15, 2017 by Canadian UnderwriterIf the Supreme Court of Canada upholds a Court of Appeal for Ontario ruling against Deloitte & Touche, corporate auditors “will be encouraged to resign an audit before they feel they can responsibly do so in order to minimize the…
Intact, Allstate disagree on whether accident victims “principally dependent” on policyholder
February 13, 2017 by Canadian UnderwriterThe Supreme Court of Canada will not hear an appeal over an arbitration ruling in an auto accident benefits priority dispute, where insurers disagreed on whether a claimant was “principally dependent” on the owner of a vehicle. Court records indicate…
Intact must help defend pollution lawsuit due to exception in exclusion for “sudden and accidental” release
January 23, 2017 by Canadian UnderwriterIntact Insurance must participate in the defence of a lessee of commercial property – on a Grimsby, Ont. site formerly occupied by a gas station – which is being sued by a neighbouring property owner alleging that contaminants migrated to…
Courts should not use ‘second-hand lay evidence’ to support damage awards for psychological harm: IBC
January 4, 2017 by Canadian UnderwriterThe question of whether a court can award compensation for psychological injuries in the absence of a medical diagnosis will be considered this month when the Supreme Court of Canada hears an appeal arising from an auto collision near Vancouver.…
Ottawa city bus driver had ‘elevated standard of care’ in fatal collision: Court
December 22, 2016 by Jason ContantThe City of Ottawa and an OC Transpo bus driver have lost their appeal of a ruling that the bus driver was 20% liable, for a fatal collision, with a vehicle driven by an alcohol-impaired driver who ran a red…
Court denies replacement value coverage on fire claim after owners plan to build larger structure on same Ottawa site
December 20, 2016 by Canadian UnderwriterIn a fire insurance claim, the courts recognize that “the need to rebuild premises which more closely resembled the original” is critical in triggering coverage for replacement value rather than actual cash value, Dutton Brock LLP suggested in a bulletin…
Mandatory breach notification in Canada has ‘potential to effectively cause’ class-action lawsuits: PCUC speaker
November 25, 2016 Greg Meckbach, Associate EditorImpending changes to Canada’s Personal Information Protection and Electronic Documents (PIPEDA) could “effectively cause more class-action” lawsuits down the road because companies will be required to report information security breaches that pose “a real risk of significant harm,” a lawyer…