How companies respond to data breaches in which criminals obtain sensitive customer data is “hugely important” in reducing the risk of a class-action lawsuit, a lawyer suggested Wednesday to insurance professionals. At the November luncheon of the Property Casualty Underwriters…
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…
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…
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…
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…
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…
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…
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,…
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…
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.
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.