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Shhh! Don’t show this article to a jury in a vehicle accident lawsuit

August 31, 2021 by Greg Meckbach

An Ontario court has refused a plaintiff’s request to tell a jury about the statutory deductible, of nearly $40,000 for pain and suffering, in motor vehicle accident tort claims. “The jury is not asked to determine how much the plaintiff

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Why future care damages exceed $1.2 million in this auto tort case

August 18, 2021 by Greg Meckbach

A British Columbia judge has awarded $1.26 million, in future care costs, to a plaintiff who was hit by a car in 2015. In Pevach v. McGuigan Estate, released Aug. 3, Justice Gordon Funt of the Supreme Court of British Columbia

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Appeal court upholds $385,000 payment to Northbridge arising from accident benefits assignment

June 28, 2021 by Greg Meckbach

The Court of Appeal for Ontario recently ruled in favour of Northbridge Insurance in an auto liability claim that featured a dispute over how much of the plaintiff’s accident benefits should go to the liability insurer. Kossay El-Khodr was rear-ended

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This new type of class-action tort grew from genetically modified corn seed

January 22, 2021 by Greg Meckbach

A proposed class-action lawsuit based on the novel tort of “premature commercialization” is going ahead in Ontario. The Supreme Court of Canada announced Dec. 10 it will not hear an appeal from Syngenta Canada Inc., which is facing a proposed

News ClaimsClaims CanadaInsuranceLegislation / Regulation

Public not aware of rights lost in B.C.’s no-fault auto scheme: personal injury lawyer

December 1, 2020 by Greg Meckbach

The average British Columbia consumer does not really understand what rights they will lose with the auto insurance reforms scheduled to take effect this May, a Vancouver personal injury lawyer warns. Provincial politicians voted earlier this year to pass Bill

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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.

News InsuranceLegislation / RegulationMergers and Aqcuisitions

‘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

News InsuranceLegislation / RegulationMergers and Aqcuisitions

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