Keyword
Legal
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…
How an insurer in an “underinsured” auto case reduced its exposure by more than $452K
July 7, 2020 by David GambrillAn Ontario auto insurer in an underinsured accident case is entitled to make a subrogated claim against a third party – in this case, a bartender who was found 11% responsible for a fatal car crash — even though its…
A provincial twist on the emergency suspension of limitation periods
June 4, 2020 by David GambrillWhile many Canadian courts continue to suspend two-year limitation periods for plaintiffs to file civil lawsuits against insurers and other defendants, Alberta’s clock has started running again as of June 1 – and for claims under the province’s Insurance Act,…
What the judge said when a trial lawyer accused an insurer of “playing hardball” with his elderly client
December 31, 2019 by David GambrillAn elderly resident who lost her slip-and-fall claim against a retirement home does not have to pay the legal costs of the home’s insurance company because the insurer’s legal strategy was “at risk of allegations of playing hardball,” the Ontario…
Judicial determination on interpretation of property Cat XOL with reinsurers sought
July 18, 2017 by Angela StelmakowichAlberta Motor Association Insurance Company is looking to divide the loss arising out of the Fort McMurray wildfire, which exceeded a duration of 168 hours, into six multiple loss occurrences in line with its reading of its property catastrophe excess…
Canada’s energy, utilities sectors should beef up climate change competency: report
January 13, 2017 by Canadian UnderwriterCompanies in Canada’s most carbon-intensive sectors are not demonstrating “climate competency” in the boardroom and should be doing so to address climate change issues, suggests a report this week by Shareholder Association for Research & Education (SHARE). “Investors are increasingly…
Parents Know Best?
December 1, 2016 Peter Vlaar, Associate Lawyer; David Olevson, Associate Lawyer; and Sabrina Lucibello, Partner, McCague Borlack LLPCanada has no authoritative legal decision on parental waivers, which has created uncertainty over whether or not a properly drafted and duly executed waiver will serve as a complete bar to a claim. A New Brunswick case offers alternatives that might be employed until that gap in the law is filled, but businesses and insurers alike must factor into their liability risk analysis that parental waivers are unlikely to be enforceable.
Growing trend toward seeking punitive, personal legal action against corporate leaders: AGCS
November 28, 2016 by Canadian UnderwriterNew and emerging risks are putting corporate leaders under more pressure of falling foul of investigations, fines or prosecution over alleged wrongdoing, notes a new global report issued Monday by Allianz Global Corporate & Specialty (AGCS). “There is a growing…
Alcohol, drugs different, drug-impaired driving a growing concern: panel
September 22, 2016 by Angela StelmakowichAlcohol and drugs are different and approaches to addressing related impairment issues will likely need to be different as well, Doug Beirness, senior research associate with the Canadian Centre on Substance Abuse (CCSA), suggested Wednesday during a State Farm-sponsored event…