Why Supreme Court of Canada is looking at risk-based underwriting
October 21, 2019 by Greg MeckbachDoes the federal government have the power to prohibit insurers from asking consumers questions that carriers say are material to their risk? This question was recently put to the Supreme Court of Canada in a life insurance context. “Risk-based underwriting…
How much leeway does a condo corporation have when conducting repairs?
October 18, 2019 by Jason ContantIf a condo corporation enters your client’s unit to repair suspected flood damage but finds other hazards, can they complete those additional repairs instead and seek reimbursement from the unit owner? It would appear not, if the factors of the…
Supreme Court of Canada mulls liability for reputational harm from tainted meat
October 17, 2019 by Greg MeckbachIf a restaurant loses business because it served meat from a batch later discovered to be unsafe, is the supplier of that meat liable, in tort, to the restaurant for its economic loss due to a tarnished reputation? That question…
Why this homeowner lost legal battle with neighbour over basement water problem
October 8, 2019 by Greg MeckbachA Toronto homeowner who experienced basement water infiltration has lost his bid to sue the neighbours uphill from him for more than $83,000. In 2014, Chester Dawes bought his home, between the Humber River and High Park, in what used…
How liability works when pedestrian wearing dark clothing gets hit at night in crosswalk
October 2, 2019 by Greg MeckbachThe wife of an Abbotsford, B.C. insurance broker has been awarded nearly $574,000 as a result of a vehicle accident, but the award would have been $765,000 had the plaintiff not been found partly liable for the accident. She was…
Did the other driver admit fault? Get it in writing.
September 26, 2019 by Jason ContantB.C.’s small claims court found no fault with the way the Insurance Corporation of British Columbia (ICBC) assessed liability for a motor vehicle accident, despite a complaint that the insurer did not follow up on an admission of guilt by…
Intact loses court battle over voiding auto policy for misrepresentation
September 26, 2019 by Greg MeckbachIf an Ontario auto insurer discovers a client made a material misrepresentation or non-disclosure in its application, could the insurer treat the policy as invalid to begin with? Not now. Or at least, not if the fact situation is the…
‘Boilerplate’ reasons for denying auto claims don’t cut it: Court
September 25, 2019 by Greg MeckbachOntario’s Divisional Court ruled this week against Aviva Canada, which wants to challenge a Licence Appeal Tribunal ruling in favour of an auto accident benefits claimant. The case involves how Aviva denied the claim, which was to check a box…
Insurer wins dispute over stolen vehicle claim
September 19, 2019 by Jason ContantThe Insurance Corporation of British Columbia (ICBC) was justified in denying an insured’s claim for making a wilfully false statement in connection with a stolen vehicle, the province’s Civil Resolution Tribunal (CRT) has ruled. ICBC determined the stolen vehicle was…
Why 24-hour driving bans have lawyers arguing in this province
September 18, 2019 by Greg MeckbachDespite a “poorly-worded” section of the British Columbia Motor Vehicle Act, a 24-hour driving prohibition against a suspected impaired driver has been restored in a recent appeal court ruling. In July of 2017, Patrick George Franlin Evans was told by…
Judges & insurers disagree: Who really rented this truck?
September 13, 2019 by Greg MeckbachA 2018 Ontario court ruling in favour of Wawanesa, arising from a collision involving a truck rented to deliver furniture, has been overturned on appeal. On Oct. 29, 2010, Hy Kiet Liu was in a vehicle that was rear-ended by…
Subrogated claim confirms obligations of homeowners using heating oil
September 6, 2019 by Greg MeckbachIf your client’s home is heated by oil supplied from an outdoor tank, do they need to conduct annual maintenance? This question came up in a recent subrogated home insurance claim. A Court of Appeal for Ontario ruling released this…