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liability

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Bartenders’ liability for impaired driving accidents – civil versus criminal

May 22, 2019 Paola Loriggio - THE CANADIAN PRESS

Legal experts say criminal charges like those laid against a former bar server in connection with a drunk-driving crash that killed two Ottawa-area teens are rare and difficult to prove. Ann Senack, 62, of Greater Madawaska Township, was charged in

News Commercial LinesLegislation / Regulation

Why liability and reputational risk is changing

May 15, 2019 by Greg Meckbach

Technology is making it easier for consumers and businesses to move money, but it can also create new liability risks, fraud experts warned Tuesday. “Financial institutions really have to think about their position on liability,” said Jas Anand, senior manager

News ClaimsLegalRisk

How this dry cleaner got sued over 50-year-old pollution

April 11, 2019 by Greg Meckbach

An Ottawa dry cleaner is liable for nearly $2 million in environmental clean-up costs resulting from spills that occurred at least 45 years ago, as a result of a Supreme Court of Canada ruling released Thursday. The top court’s ruling

News ClaimsInsurance

How Intact and Economical won this pollution coverage dispute

April 10, 2019 by Greg Meckbach

A court ruling against Economical and Intact over pollution exclusions in commercial general liability policies has been reversed. As a result, the insurers do not have to defend a Vancouver area dry cleaner against a lawsuit filed by its neighbours

News ClaimsRisk

The liability risk from climate change

April 9, 2019 by Greg Meckbach

Large companies face liability risk if they emit greenhouse gas emissions, and shareholders are asking directors and officers what they are doing about climate-related risks, a speaker suggested at a recent insurance conference in Toronto. Panelists at the Property and

News ClaimsInsuranceLegal

Does a business have to highlight a waiver of liability to a client?

April 4, 2019 by David Gambrill

A flood in an Alberta community centre flood has once again raised the legal issue of whether a claimant is obligated to read a commercial services contract thoroughly, or whether the defendant is obligated to highlight any waiver of liability

News ClaimsInsurance

Who knew that book readers could be at such risk?

April 2, 2019 by David Gambrill

A book lover who claimed to have sustained a concussion and a back injury while tripping over a pile of stacked books in a B.C. bookstore had his liability case dismissed for a lack of evidence. The insurer for the

News ClaimsInsuranceLegal

Recurring back pain and auto liability: how this court applied the two-year limit

March 12, 2019 by David Gambrill

If an injured cyclist in an auto liability action declares feeling better after treatment, takes a year off work, and then feels debilitating back pain after returning to work three years after the accident, does the two-year statute of limitations

News InsuranceMGAs

What hard market in liquor liability means for clients

March 11, 2019 by Greg Meckbach

Clients planning St. Patrick’s Day celebrations may find themselves short on luck when it comes to insurance coverage. It’s becoming more difficult for clients to get insurance for liquor-related losses with the terms they need, one managing general agent observes.

News ClaimsInsuranceLegal

Top court won’t hear appeal of controversial waiver decision

February 7, 2019 by Greg Meckbach

A 2018 Court of Appeal for Ontario ruling on waivers, described as “great news” for liability insurers, is now final. The Supreme Court of Canada announced Thursday it will not hear an appeal of Schnarr v. Blue Mountain Resorts Limited,

News InsuranceLegal

Don’t give up on commercial waivers

January 29, 2019 by Jason Contant

Properly constructed and worded waivers will be upheld in court, with one commercial and insurance lawyer strongly recommending their continued use. “There are policies and procedures and ways to draft agreements where I promise you the waivers will be upheld,”

News InsuranceLegal

Insurers disagree over meaning of ‘household’ in policy language

January 29, 2019 by Greg Meckbach

A dispute over what exactly constitutes a “household” in a home insurance policy has reached the Court of Appeal for Ontario. Several members of the Weiner family were sued after a person drowned in 2010 in a vacation home on