Six-figure pain and suffering judgement against Wal-Mart Canada attracts appeal court scrutiny
May 29, 2020 by Greg MeckbachA $225,000 award in a lawsuit against Wal-Mart Canada, arising from the accidental spraying of a fire extinguisher by a worker, could be headed to the Supreme Court of Canada. The victim of the accidental spraying, Kim Manos, initially won…
Why it might get easier for plaintiffs to fund their lawsuits
May 21, 2020 by Greg MeckbachWith a recent Supreme Court of Canada decision involving third-party litigation funding coming on top of the economic disruption caused by the COVID-19 pandemic, Canadian courts are likely to see a spike some types of lawsuits, suggests the head of…
Supreme Court of Canada to hear coverage dispute over fatal motorcycle accident
April 27, 2020 by Greg MeckbachThe Supreme Court of Canada announced it will hear an auto liability coverage dispute involving RSA Canada, insurer of a motorcyclist who had alcohol in his system while holding a probationary licence. The motorcyclist, Steven Devecseri, was killed May 29,…
Supreme Court Orphan Well ruling: the impact on brokers one year later
March 4, 2020 by Greg MeckbachIf you place pollution liability coverage, you could be hearing from banks and lenders concerned about oil and gas producers potentially going bankrupt. Inquiries about environment impairment liability are on the rise for at least one major Canadian brokerage following…
Coverage dispute from 1999 spoiled food recall finally ends
February 24, 2020 by Greg MeckbachTwenty years after a loss resulting from food getting infested with insects, a commercial client has lost its coverage dispute with St. Paul Fire and Marine Insurance Co. The Supreme Court of Canada announced Thursday it had denied leave to…
Pollution exclusion means no coverage for this dry cleaner defendant
January 16, 2020 by Greg MeckbachA British Columbia court ruling in favour of Intact Insurance Company and Economical Mutual Insurance Company is now final. A Vancouver-based dry cleaners that wanted to make a pollution-related claim with the two insurers, under commercial general liability policies, cannot…
This vehicle accident ‘speaks for itself’
September 22, 2018 by Greg MeckbachThe Supreme Court of Canada will not hear an appeal from a motorist found to be liable for a single-vehicle collision. Brad Gaebel was a passenger in a vehicle driven by Gordon Lipka, who lost control after moving to the…
Good news from Supreme Court for auto liability insurers
June 10, 2018 by Greg MeckbachAn auto bodily injury ruling described as favourable to insurers is now officially in the books, as the Supreme Court of Canada rejected leave to appeal Thursday. The initial Court of Appeal for Ontario ruling, which now stands, was “very…
Canada’s new Chief Justice wrote landmark decisions against insurers
December 13, 2017 by Canadian UnderwriterSupreme Court of Canada Justice Richard Wagner, a judge who wrote landmark rulings against Northbridge, RSA, Sovereign General and other Canadian insurers, is now Chief Justice of Canada. Wagner will succeed Beverly McLachlin, who retires Dec. 15 after serving for…
Lawyer defending accused impaired drivers sought ‘extraordinary remedies’ in alleging bias against two judges in a row: Supreme Court
May 14, 2017 by Canadian UnderwriterA lawyer representing 10 motorists charged with drinking and driving-related criminal offences in Quebec has to pay $3,000 personally in costs after motions for writs of prohibition against judges were dismissed. In a decision released Friday, the Supreme Court of…
Dirty Windows Help to Clarify Appellate Review of Standard Form Contracts
February 10, 2017 Michael S. Teitelbaum, partner; and Tara Chown, student-at-law, Hughes Amys LLPThe Supreme Court of Canada decision in Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co. has created an exception to the principle outlined in Sattva Capital Corp. v. Creston Moly Corp. and may lead to an increase in insurance litigation.
Future CPP disability benefits not deductible from payments under Nova Scotia auto family protection endorsement: Supreme Court
January 27, 2017 by Canadian UnderwriterFuture disability benefits under the Canada Pension Plan are not deductible from auto insurers’ payments under the Nova Scotia family protection endorsement, the Supreme Court of Canada found in a ruling released Friday. Canada’s highest court restored a 2013 ruling,…