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liability


News Commercial LinesInsuranceLegal

Will more Canadian insurers introduce COVID-inspired D&O exclusions?

April 21, 2020 by Jason Contant

The Canadian insurance industry will struggle with adding exclusions related to COVID-19 in directors and officers (D&O) policies, “particularly in light of the fear that adding them now will suggest past policies did not exclude these issues,” a Toronto lawyer

News InsuranceLegalRisk

Coronavirus triage protocols: Hard choices over ventilator shortages shouldn’t put doctors at legal risk

April 14, 2020 Jocelyn Downie, James Palmer Chair in Public Policy and Law, University Research Professor, Dalhousie University - THE CANADIAN PRESS

This article was originally published on The Conversation, an independent and nonprofit source of news, analysis and commentary from academic experts. Disclosure information is available on the original site. Author: Jocelyn Downie, James Palmer Chair in Public Policy and Law,

News Claims CanadaInsuranceLegislation / Regulation

This type of claim should dry up in Ontario with COVID-19

March 27, 2020 by Greg Meckbach

With the Ontario government ordering the closure of bars and nightclubs, this should eliminate – temporarily – one category of commercial liability claim. “I don’t think claims will be launched against commercial hosts at this time,” said Mouna Hanna, an

News ClaimsClaims CanadaInsuranceLegal

Why this ski resort’s waiver argument doesn’t cut it with appeal court

March 10, 2020 by Greg Meckbach

A British Columbia judge should not have used a North Vancouver ski resort’s warning notices to throw a personal injury lawsuit out of court, the province’s appeal court found in a ruling released March 4. In Apps v. Grouse Mountain

News Legal

Why this religious organization wants to appeal sexual abuse lawsuit

March 5, 2020 by Greg Meckbach

A corporate defendant found vicariously liable in a multi-million-dollar sexual abuse lawsuit wants to go to the Supreme Court of Canada and seek a new jury trial, a lawyer in MacLeod v. Marshall told Canadian Underwriter Wednesday. In 2018, a

News Climate ChangeInsuranceRisk

Considering your climate risks? The solvency regulator is, too…

March 3, 2020 by David Gambrill

Climate change risk is very much on the radar of Canada’s solvency regulator. In a mid-February speech to the 17th Annual Review of Insolvency Law (ARIL) Conference in Vancouver, B.C., Jeremy Rudin, Canada’s superintendent of financial institutions, outlined three climate-related

News ClaimsClaims CanadaLegal

New Supreme Court of Canada guidance on liability for Canadian clients operating overseas

February 28, 2020 by Greg Meckbach

If you place commercial liability insurance for clients with supply chains outside of Canada, be sure and check out Friday’s Supreme Court of Canada ruling in Nevsun Resources Ltd. v. Araya. In its divided ruling, Canada’s top court ruled that

News ClaimsClaims CanadaLegal

End of road for vehicle occupant sued for negligent parenting

February 18, 2020 by Greg Meckbach

A defendant in a negligent parenting lawsuit cannot make a liability claim under the auto policy of the vehicle in which he and his daughter were riding as passengers. The Supreme Court of Canada announced Feb. 13 it will not

Feature

Overseas working conditions: Is your client on the hook?

February 8, 2020 Greg Meckbach, Associate Editor

Corporate clients who get their goods from jurisdictions with inadequate protection for workers’ rights could end up being named as defendants

News Climate ChangeInsuranceLegal

How climate change may heat up your liability lines

February 7, 2020 by David Gambrill

Look for climate change to heat up Canada’s liability lines over the next 10 years, as lawsuits begin to fly against the alleged corporate perpetrators of greenhouse gas emissions. Climate liability is an emerging risk for Canadian property and casualty

News BrokersInsuranceRisk

How not to handle E&O liability as a broker

January 31, 2020 by Jason Contant

Brokers obviously want to protect themselves from errors’ and omissions’ liability. So why not get a client to sign a hold harmless agreement? In effect, a hold harmless agreement removes liability from one party in a business relationship (in this

News ClaimsInsuranceLegislation / Regulation

Your client’s vehicle is damaged by a massive pothole. Is it covered and is the city liable?

January 15, 2020 by Jason Contant

You’re on your way to work minding your own business when all of a sudden you drive over a massive pothole and damage your car. Does your auto insurance cover it and can the city be held liable? In short,