Court weighs in on approach for deducting accident benefits from tort damages
December 6, 2018 by Jason ContantAn 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…
Auto insurers’ bitter costs dispute draws rebuke from judge
November 29, 2018 by David GambrillA bitter cost dispute between two auto insurers over an abandoned court action has led to a rebuke from a judge, who ordered Wawanesa to pay Dominion its legal fees. In doing so, Ontario Superior Court Justice Darla A. Wilson…
Landlord sued over $16,000 water leak wins appeal
November 28, 2018 by Greg MeckbachA major water leak from a Surrey, British Columbia strata unit has spawned debate among judges over whether landlords are liable in such cases. Crystal Thomas was renting a condo unit in Surrey in the summer of 2015. A large…
Court allows trial in case of insurer not following mortgagee’s instructions
November 22, 2018 by David GambrillA trial to determine whether The Co-operators was negligent in distributing insurance funds contrary to the instructions of a mortgagee will be allowed to continue, the Ontario Superior Court of Justice has ruled. The court denied a motion for summary…
Condo deductible dispute arises from 60-gallon flood
November 19, 2018 by Greg MeckbachWhen a store on the main floor of a condo building suffered $25,000 in losses from a flood, the strata corporation was on the hook for the $5,000 deductible. The strata corporation tried to recover the $5,000 deductible from a…
Aviva considers appeal in $3.4-million sexual abuse claims dispute
October 22, 2018 by Greg MeckbachAviva Canada is considering whether to seek leave to appeal to the Supreme Court of Canada after the New Brunswick Court of Appeal ruled last week that the insurer must pay a Catholic diocese about $3.4 million towards costs of…
When keeping customer’s car keys is not “custody” of a car
October 21, 2018 by Greg MeckbachNorthbridge has to pay out on a hotel’s liability insurance policy resulting from theft of a guest’s car, the Supreme Court of Canada ruled in a decision released Friday. Lombard, now known as Northbridge, provided both property and liability insurance…
The lengths to which this lawyer went to represent her auto accident victim
October 4, 2018 by Greg MeckbachThe Supreme Court of Canada has refused to hear the appeal of a personal injury lawyer who is out of pocket $30,000 after she tried to prevent a hospital from taking a vehicle accident claimant off life support. The lawyer…
How this auto claimant won additional pain and suffering damages
October 1, 2018 by Greg MeckbachThe controversial 2017 Saadati ruling from the Supreme Court of Canada was one reason an auto accident victim recently got an increase in pain and suffering damages. In Saadati’s lawsuit, a judge with the Supreme Court of B.C. awarded pain…
Car surfing covered by auto insurance, court finds
September 27, 2018 by David GambrillAuto insurance covers “car surfing,” in which a person rides on the top or rear of a moving vehicle, an Ontario court has found. “Car surfing or attaching oneself to a vehicle, while reckless and dangerous, is not a more…
Three product ingredients that could cause large claims
September 13, 2018 by Greg MeckbachIf your client makes or supplies beauty care products, they could face bodily injury lawsuits if certain chemicals are present. The “toxic trio” – dibutyl phthalate (DBP), toluene and formaldehyde – are contained in some nail varnishes, body lotions, fragrances…
Judges disagree on whether this collision was a ‘true accident’
September 11, 2018 by Greg MeckbachA motorist who is being sued by his passenger after a single-vehicle accident wants his case heard by the Supreme Court of Canada. The issue at hand is whether the single-vehicle crash was a “true accident,” in which nobody can…