Canadian Underwriter

Keyword
negligence

A quad on its side after it has been accidentally flipped.
News ClaimsInsuranceLegalLegislation / Regulation

‘Negligent operation’ of ATV includes turning it over to inexperienced driver

March 18, 2024 by David Gambrill

If parents permit an adult child to use their all-terrain vehicle (ATV), and the son or daughter then negligently turns over control of that ATV to an inexperienced driver who gets seriously injured in a crash, the parents can be

Sports Photographer in an empty stadium
News ClaimsInsuranceLegalRisk

Sports insurers urged to consider video review

February 22, 2024 by David Gambrill

A legal firm urges sports insurers to require their sports association clients to install cameras to record the action, following the B.C. Court of Appeal’s January 2024 decision in Cox v. Miller. In Cox v Miller, the court found Karl

personal injury medical assessment
News ClaimsInsuranceLegalLegislation / Regulation

Why a court upheld a $175K personal injury award against Ontario Place

January 18, 2024 by David Gambrill

Ontario’s Court of Appeal has upheld a $175,000 damage award against Ontario Place in Toronto, finding that Ontario Place had blocked people’s access to the main exit and failed to erect barriers that would have prevented people from leaving the

Mouse infiltration damages water lines
News ClaimsInsurance

Did negligence cause mice ingress and water leaks?

February 6, 2023 Philip Porado

A British Columbia condo owner failed to show a strata corporation breached its duty to repair and maintain the irrigation system or the building’s waterproofing membrane. In Yoon v. The Owners, Strata Plan, the applicant, Bori Yoon, claimed the strata negligently

Five Islands Lighthouse in Nova Scotia
News ClaimsInsuranceRisk

Lawsuit over fall at historic Nova Scotia lighthouse allowed to proceed

January 31, 2023 Keith Doucette - THE CANADIAN PRESS

HALIFAX – An American tourist who alleges she was injured in a fall at Nova Scotia’s historic Five Islands Lighthouse in July 2017 can proceed with her lawsuit, a Nova Scotia judge has ruled. Mary Riddle of Pennsylvania is suing

Gas valve on the pipe between the receivers.
News ClaimsClaims CanadaCommercial LinesInsuranceLegal

Insurer must defend negligence case, despite pollution exclusion

June 3, 2022 by David Gambrill

Canada’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

CP train derailment near Field, B.C. on Feb. 4, 2019
News Insurance

Defendants deny claims of wrongdoing in fatal B.C. train derailment lawsuits

April 7, 2022 Alanna Smith - THE CANADIAN PRESS

Defendants 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

News Insurance

No charges in case of Montreal area private care home where dozens died of COVID-19  

August 26, 2021 The Canadian Press

MONTREAL – 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

News Insurance

Alberta bill would protect health workers, care homes from some COVID-19 lawsuits

April 23, 2021 Dean Bennett – THE CANADIAN PRESS

EDMONTON – 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

News Risk

Family sues Quebec airline over alleged negligence

November 18, 2019 Holly McKenzie-Sutter - THE CANADIAN PRESS

ST. 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

News BrokersInsurance

Brokerage exonerated from negligence in impounded vehicle dispute

October 22, 2019 by Jason Contant

A 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

News ClaimsLegal

 Latest Canadian statistics on slips and falls on ice

February 28, 2019 Adina Bresge - THE CANADIAN PRESS

All 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