Keyword
negligence
Insurer must defend negligence case, despite pollution exclusion
June 3, 2022 by David GambrillCanada’s top court has essentially confirmed that an insurer’s duty to defend in a commercial insurance case involving a pollution exclusion will depend on the cause of the legal action. In refusing to hear an appeal by The Co-operators, the…
Defendants deny claims of wrongdoing in fatal B.C. train derailment lawsuits
April 7, 2022 Alanna Smith - THE CANADIAN PRESSDefendants in lawsuits filed by families who lost loved ones in a British Columbia train derailment are denying any wrongdoing in the deaths of three Canadian Pacific Railway employees. The derailment happened on Feb. 4, 2019, when 99 grain cars…
No charges in case of Montreal area private care home where dozens died of COVID-19
August 26, 2021 The Canadian PressMONTREAL – Quebec’s Crown prosecutor’s office says the owners of a Montreal-area long-term care home where dozens died during the first wave of the novel coronavirus pandemic will not face criminal charges. The office said today in a statement that…
Alberta bill would protect health workers, care homes from some COVID-19 lawsuits
April 23, 2021 Dean Bennett – THE CANADIAN PRESSEDMONTON – Alberta has introduced a bill that would give legal protection to health workers, including long-term care-home operators, facing lawsuits over COVID-19. Richard Gotfried, a United Conservative backbencher, says the proposed legislation offers protection but is not a free…
Family sues Quebec airline over alleged negligence
November 18, 2019 Holly McKenzie-Sutter - THE CANADIAN PRESSST. JOHN’S, N.L. – The family of a fishing guide who died in a Labrador floatplane crash this summer is suing the Quebec airline for damages, alleging negligence and breach of contractual duties. Seven men, including the pilot, were on…
Brokerage exonerated from negligence in impounded vehicle dispute
October 22, 2019 by Jason ContantA British Columbia brokerage was not wrong to issue a disputed temporary permit that allowed another person to drive a client’s car, the province’s Civil Resolution Tribunal (CRT) has ruled. The matter arose from a dispute between Andrew Lawrie and…
Latest Canadian statistics on slips and falls on ice
February 28, 2019 Adina Bresge - THE CANADIAN PRESSAll it took was one foul step, and Ahsher Zeldin was in for at least a week of pain. Last Thursday, Zeldin was taking his two dogs out for an early morning stroll in north Toronto when a patch of…
Big increase in U.K. start-ups, but insurance coverage lacking for many small businesses
August 18, 2017 by Canadian UnderwriterA new survey out of the U.K. shows that self-employment is racing forward, but moves by small businesses to ensure they have insurance in place to address whatever risks may arise is lagging far behind. A wider spectrum of small…
Commercial lease did not ‘expressly preserve’ right of landlord to pursue subrogated fire claim against tenant: Court
July 7, 2017 by Canadian UnderwriterThe owner of a commercial building damaged by fire that started in a restaurant kitchen is precluded from pursuing a subrogated claim against the restaurant operator due to a clause in the lease requiring the landlord to buy fire insurance,…
Negligence finding against brokerage arising from denied commercial fire claim overturned
June 20, 2017 by Canadian UnderwriterMarsh Canada Ltd. was not contributorily negligent after a fire claim filed by a Halifax pub owner was denied by its Lloyd’s insurers because the property was neither sprinklered nor made of masonry, contrary to a statement on the insured’s…
Shipping losses continue to decline but “perfect storm” of regulation, cost savings and cybersecurity looms: AGCS
June 13, 2017 by Canadian UnderwriterLarge shipping losses have declined by 50% over the past decade, but a “perfect storm” of regulation, cost savings and cybersecurity looms, according to Allianz Global Corporate & Specialty’s (AGCS) fifth annual Safety and Shipping Review 2017. The report, released…
Supreme Court of Canada could hear appeal of lawsuit involving auditors’ duty of care to non-shareholder lenders
May 29, 2017 by Canadian UnderwriterCanada’s highest court will decide June 1 whether it will hear an appeal from a major auditing and accounting firm that could face a trial this fall in a class action lawsuit filed by several banks over the bankruptcy in…