New laws needed to assign cyber fraud liability: Court
August 13, 2019 Colin Perkel - THE CANADIAN PRESSTORONTO – A deputy judge is calling for passage of clear laws on which innocent party should bear responsibility for financial losses related to cyberfraud. In calling for legislation, Ontario Deputy Judge Shane Kelford said it’s clear the law has…
New hearing ordered after court finds tribunal erred in law on accident benefits
August 12, 2019 by Jason ContantA vehicle accident victim is getting a new hearing after Saskatchewan’s appeal court found a tribunal erred in law by disregarding evidence related to the claimant’s accident-related inability to work. The Court of Appeal for Saskatchewan unanimously ruled the July…
Top court releases decision in $2-billion building collapse lawsuit against Loblaws
August 8, 2019 by Greg MeckbachA $2-billion lawsuit against Loblaws Companies Ltd., arising from the world’s deadliest accidental building collapse ever, is essentially tossed out of court. Canada’s high court announced Thursday it will not hear an appeal from Arati Rani Das, a garment factory…
St. Paul Fire & Marine wins business interruption coverage dispute
August 7, 2019 by Greg MeckbachSay a commercial insurance policy stipulates that a coverage dispute lawsuit cannot proceed unless the client launches it within a year of discovering the loss. What happens if there is business interruption both before and after start of the limitations…
Allstate ponders appeal in $700,000 lawsuit over Brampton auto insurance allegations
July 30, 2019 by Greg MeckbachAllstate officials are considering appealing last week’s Ontario court judgement that rejected the company’s $700,000 counter-suit against a former employee. “Our legal counsel is reviewing the decision and we will decide whether to appeal in the next few weeks,” Angie…
Home insurance can cover damage by a contractor during restoration, court finds
July 25, 2019 by Greg MeckbachIf your client’s house is accidentally damaged by a repair or renovation contractor while it is working on that building, does the home insurance cover it? Some carriers would say no, but a recent court ruling means exclusions for “property…
Claimant loses appeal over whether Ontario court can hear bad-faith claim
July 24, 2019 by Greg MeckbachWhen the Ontario government moved accident benefits dispute resolution to the Licence Appeal Tribunal in 2016, it did not intend for two similar issues in a disputed claim to be adjudicated both in court and before the LAT, the Court…
How diligent note-taking helped this broker defend a lawsuit
July 22, 2019 by Greg MeckbachKeeping meticulous files is one reason an Ontario cottage country brokerage was largely successful in defending a lawsuit from a homeowner client. In Monk v. Farmers’ Mutual Insurance Company (Lindsay) released this past Friday, the Court of Appeal for Ontario…
How hitting a bicycle can lead to six-figure liability claim
July 18, 2019 by Greg MeckbachAn Ontario auto insurer is out more than $500,000 after a motorist hit a cyclist, causing soft-tissue injuries. In St. Marthe v. O’Connor, released this past Monday, Ontario Superior Court Justice Patrick Hurley awarded Peter St. Marthe $380,000 (including sales…
Top court cuts down “apples” approach to tort award reduction
July 11, 2019 by Greg MeckbachAdjusters and insurance defence lawyers who think the “apples-to-apples” approach to deducting future no-fault benefits from tort awards is rotten will likely find relief in a Supreme Court of Canada ruling released Thursday. Canada’s top court announced July 11 it…
How auto accident defendants who admitted liability were awarded $61,000 in costs
July 11, 2019 Colin Perkel - THE CANADIAN PRESSTORONTO – A woman awarded $50,000 by a jury for injuries suffered in a car crash will have to pay more than $61,000 to cover the costs of the two men she sued, even though losers in a lawsuit are…
Optional benefits priority ruling could create “administrative nightmare” for auto insurers
July 9, 2019 by David GambrillAn insurance defence lawyer is warning of a potential “administrative nightmare” for insurers in light of a recent Court of Appeal for Ontario decision on priority disputes involving optional benefits. Continental Casualty Company v. Chubb in Ontario is now becoming…