Do your insureds understand a “material change in risk”?
March 29, 2019 by Jason ContantIt’s not necessary for an insurer to prove that an insured knew a change in risk was “material” to the carrier, the Supreme Court of British Columbia has ruled. In May 2014, Wawanesa Mutual Insurance Company voided a homeowner’s policy…
Paid You’ve Filed Your Taxes. What Comes Next?
March 18, 2019 David Smagata, DASAt some point in their lives, most Canadians will be subject to a tax audit from the Canada Revenue Agency (CRA). While the process can be anxiety-inducing and stressful, having the right insurance policy can help you prepare for an…
How air conditioner installer got dragged into basement flood
March 12, 2019 by Greg MeckbachMoisture that an air conditioner collects could damage your client’s home if it doesn’t drain properly, but the client cannot necessarily blame the air conditioner installer for a flood. Basement flood victim Samuel Sieb took Gandy Installations Ltd. to British…
Recurring back pain and auto liability: how this court applied the two-year limit
March 12, 2019 by David GambrillIf an injured cyclist in an auto liability action declares feeling better after treatment, takes a year off work, and then feels debilitating back pain after returning to work three years after the accident, does the two-year statute of limitations…
How this paperwork accident gave condo dweller stamp collection coverage
March 7, 2019 by Greg MeckbachFor insurance professionals who put together renewal packages, some mistakes are worse than others. A case in point is sending a “quality package” that refers to a different kind of policy, rather than the policy you are renewing for the…
This research can help defend slip and fall claims
March 6, 2019 by Greg MeckbachIf your client owns or manages a property, can it put a number on the slipperiness of the surfaces? This is what companies managing an Ottawa property did after they were sued for $2.9 million by a civil servant who…
Your landlord agrees to insure the property. Why the landlord can still subrogate against you
February 25, 2019 by Greg MeckbachA Thunder Bay restaurant operator has lost its bid to block an insurer from filing a subrogated claim arising from a fire. The Supreme Court of Canada announced Feb. 21 it will not hear an appeal from the Sushi Station…
How landmark voyeurism ruling impacts insurers
February 22, 2019 by Greg MeckbachIf your client is sued for breach of privacy, the judge could look to last week’s voyeurism ruling by the Supreme Court of Canada for guidance, a privacy lawyer suggests. In R. v. Jarvis, released Feb. 14, the Supreme Court…
Next step for $2-billion building collapse lawsuit against Loblaws
February 21, 2019 by Greg MeckbachA $2-billion class-action lawsuit against Canada’s largest food retailer could reach the Supreme Court of Canada. The bodily injury lawsuit against Loblaw Companies Limited was filed in 2015 in Ontario by victims of a 2013 commercial building collapse in Bangladesh.…
AB case generates massive confusion around “but for” causation test
February 21, 2019 by Jason ContantA recent Ontario accident benefits case has highlighted ongoing confusion about how to identify and apply the proper causation test — including the contentious “but for” clause. The case revolves around whether the “but for” test of causation or the…
A driver is convicted of assault after a collision. Is the vehicle’s owner vicariously liable for the crash?
February 13, 2019 by Greg MeckbachThe registered owner of a pickup truck could be held liable for injuries to an accident victim even though the at-fault driver of the pickup truck was convicted of assault as a result of a collision, the Court of Appeal…
Top court won’t hear appeal of controversial waiver decision
February 7, 2019 by Greg MeckbachA 2018 Court of Appeal for Ontario ruling on waivers, described as “great news” for liability insurers, is now final. The Supreme Court of Canada announced Thursday it will not hear an appeal of Schnarr v. Blue Mountain Resorts Limited,…