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tort

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Court weighs in on approach for deducting accident benefits from tort damages

December 6, 2018 by Jason Contant

An Ontario court has ruled that accident benefits should be deducted from tort damages using a “silo” approach rather than a strict matching (“apples-to-apples”) approach. In a lengthy and complex decision covering a wide variety of legal points, the Court

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Courts can award damages for mental injury without psychiatric diagnosis: Supreme Court of Canada

June 14, 2017 by Canadian Underwriter

The Supreme Court of Canada has rejected an argument by Insurance Bureau of Canada that a court should not award damages for psychological or emotional damage unless the plaintiff demonstrates the tort caused a “recognizable psychiatric illness.” In a recent

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How legalizing pot will affect your insurance policies

June 5, 2017 Jason Contant, Online Editor

The impending legalization of marijuana in Canada raises a number of legal issues related to property insurance policies, Michael Teitelbaum, a partner with Hughes Amys LLP, said last week at ARC Group Canada’s 2017 annual seminar and cocktail event. In

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‘No active deals on the table’ to sell minority interest in SGI Canada

May 7, 2017 by Canadian Underwriter

Saskatchewan has a new law allowing for the sale of up to 49% of crown corporations, but the provincial government will continue to have a monopoly on compulsory auto insurance, a spokesperson for Saskatchewan Government Insurance told Canadian Underwriter Friday.

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‘Fresh approach’ needed for Ontario auto insurance: IBC CEO

April 25, 2017 Greg Meckbach, Associate Editor

A report released two weeks ago is “probably the best description we have to date of what is wrong” with Ontario’s auto insurance system, the chief executive officer of Insurance Bureau of Canada said Tuesday. In opening remarks at IBC’s

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Exclusion clause for ‘conversion’ in comprehensive auto policy ‘does not come close’ to being easily intelligible: Court

April 24, 2017 by Canadian Underwriter

An exclusion in an auto insurance policy for loss or damage caused by “conversion,” by someone in lawful possession of a vehicle does not apply to a truck tractor badly damaged by fire, a Supreme Court of British Columbia judge

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Ontario should create ‘list of documents that must be produced’ in personal injury auto lawsuits: Marshall

April 13, 2017 by Canadian Underwriter

The Ontario government should consider allowing auto insurers to offer consumers more choices and come up with new rules for the tort system bearing in mind that personal injury auto lawsuits “seldom involve complex issues of law,” a special adviser

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Hospital-based examination centres should provide Ontario auto accident treatment plans: Marshall

April 12, 2017 by Canadian Underwriter

Ontario should not move to a government-run auto insurance system but the province should establish hospital-based examination centres with authority to establish treatment plans that would have to be provided by the insurers, without dispute, a special advisor to the

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Drone operators risk lawsuits, criminal charges for privacy breaches: OIAA speaker

February 1, 2017 Greg Meckbach, Associate Editor

The new tort of intrusion upon seclusion is “a big deal for drone operators,” and experts on operating drones will be “key to helping a court” determine the standard of care in negligence lawsuits, a lawyer suggested at a recent

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Courts should not use ‘second-hand lay evidence’ to support damage awards for psychological harm: IBC

January 4, 2017 by Canadian Underwriter

The question of whether a court can award compensation for psychological injuries in the absence of a medical diagnosis will be considered this month when the Supreme Court of Canada hears an appeal arising from an auto collision near Vancouver.

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New Ontario auto dispute resolution system could cause ‘a lot more claims against insurance brokers,’ personal injury lawyer predicts

November 3, 2016 Greg Meckbach, Associate Editor

Recent reforms to Ontario auto insurance, including the transfer of accident benefits dispute arbitration to the licence appeal tribunal (LAT), has some personal injury lawyers warning of lawsuits against brokers who fail to advise clients accordingly. “We are trying to

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Supreme Court of Canada to hear $5.4-million conversion lawsuit against banks arising from plaintiff’s employee’s cheque fraud

August 19, 2016 by Canadian Underwriter

A $5.4-million lawsuit – initially filed against four Canadian banks – arising from fraudulent cheques requisitioned by the plaintiff’s employee, will be heard by the Supreme Court of Canada. Canada’s highest court announced Thursday it granted leave to appeal to