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Court of Appeal for Ontario

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Lawyer warns of privacy breach damages to victims who are a ‘little bit annoyed’

November 23, 2016 Greg Meckbach, Associate Editor

The rise of class action lawsuits alleging privacy breaches is raising the question of whether a corporation can be held vicariously liable when employees cause privacy violations to plaintiffs who do not actually prove they were harmed, a lawyer warned

News InsuranceLegislation / Regulation

Supreme Court of Canada rules banks not prohibited by PIPEDA from disclosing mortgage statements to creditors trying to seize property

November 17, 2016 by Canadian Underwriter

A bank holding a mortgage on property that a creditor is attempting to seize from the property owner is not precluded, by the Personal Information Protection and Electronic Documents Act, from disclosing the mortgage discharge statement to the creditor, the

News ConstructionInsuranceLegislation / RegulationMarkets / Coverages

‘Work performed’ exclusion in builder’s liability policy does not apply in allegations of consequential damage: Court of Appeal for Ontario

November 9, 2016 by Canadian Underwriter

A “work performed” exclusion in a commercial general liability policy for a building contractor does not apply if a lawsuit against a contractor alleges consequential damage, the Court of Appeal for Ontario suggested in a ruling released Tuesday. Parkhill Excavating

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Driving while drug-impaired case reaches Supreme Court of Canada over admissibility of police opinion evidence

October 13, 2016 by Canadian Underwriter

The Supreme Court of Canada heard Thursday an appeal over the admissibility of opinion evidence, in an impaired driving trial, from a police drug recognition expert, as to whether a defendant’s ability to operate a motor vehicle was impaired by

News InsuranceLegalMergers and Aqcuisitions

Supreme Court could decide whether denial of catastrophic impairment status triggers two-year limitation period in Ontario auto dispute system

September 20, 2016 by Canadian Underwriter

A disputed Ontario auto insurance claim, in which the carrier denied a claimant’s request for catastrophic impairment status, could reach the Supreme Court of Canada. Court records indicate that RBC General Insurance Company sent correspondence to Zofia Machaj denying her

News InsuranceLegalMergers and Aqcuisitions

Ontario police, transportation ministry “at odds” about process for re-VINing vehicles: Court

September 8, 2016 by Canadian Underwriter

Evidence presented in an Ontario court shows “a fundamental difference of opinion between automotive recyclers” and police about “legitimate” reasons for transferring vehicle identification number (VIN) plates from one vehicle or part to another, the Court of Appeal for Ontario

News InsuranceLegal

Court of Appeal for Ontario clears way for misrepresentation lawsuit against directors and officers arising from take-over bid circulars

August 23, 2016 by Canadian Underwriter

Shareholders alleging that an offeror made a misrepresentation in a take-over bid circular can – in Ontario – sue both the offeror and the offeror’s directors and signatories personally, rather than having to choose to sue one or the other,

News InsuranceLegal

Employer appealing wrongful dismissal lawsuit by fixed-term employee

June 29, 2016 by Canadian Underwriter

A wrongful dismissal lawsuit – launched by an auto sales manager who was dismissed 23 months into a five-year term – could reach the Supreme Court of Canada. Court records indicate that John Howard was hired in 2012 as truck

Michael Teitelbaum, Partner, Hughes Amys LLP
Feature InsuranceLegal

Determining Limits

June 1, 2016 Michael Teitelbaum, Partner, Hughes Amys LLP

A recent Ontario appeal court ruling exploring what limitation period applies to an insurer’s duty to defend sheds light on an issue not yet comprehensively addressed in the province. When an insurer denies the duty to defend, this is considered a “loss” for the purpose of the triggering of a limitation period.

Feature LegalMergers and Aqcuisitions

Single Recovery

May 1, 2016 Matthew Owen, Associate, Zarek Taylor Grossman Hanrahan LLP

In its ruling in Basandra v. Sforza, the Court of Appeal for Ontario upheld decision of a trial judge who reduced a jury’s award, from $105,000 to nil, for past and future attendant care, medical/rehabilitation and housekeeping costs. The decision was made to ensure the plaintiff did not recover from the same losses both from no-fault accident benefits and from a tort award.