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Friday, February 14, 2020 @ 1:27 PM

Bad faith and punitive damages: Stewart v. Lloyd’s Underwriters First-aid kit on balance with money

In the case of Stewart v. Lloyd’s Underwriters 2019 BCSC 1582, the British Columbia Supreme Court considered a claim for punitive damages arising from the insurer’s alleged breach of the duty of good faith. The court held that punitive damages were warranted and awarded $100,000, the largest award in B.C. since Whiten. ... [read more]

Thursday, February 13, 2020 @ 12:57 PM

Social media effect: Privacy and proper use of surveillance at trial Social media icons

Over the years, surveillance has evolved. With the rise of social media, online surveillance has become a common method of choice by insurers. Parameters surrounding how broad and far-reaching the practice should be, and how best to balance it with rights to privacy, have become the focal point of many legal motions and arguments. ... [read more]

Tuesday, February 11, 2020 @ 12:38 PM

Hot-tubbing and pretrial meetings between damages experts People meeting at table

Although the case was dismissed and no damages were awarded, Justice Darla A. Wilson concluded that the quantum of the financial dependency claim should have been resolved before trial, leaving only the liability and causation issues to be determined at trial. ... [read more]

Tuesday, February 11, 2020 @ 12:16 PM

B.C. no-fault insurance plan will reduce victims’ rights, harm vulnerable people: lawyers CBABC president Ken Armstrong

The government of British Columbia has announced plans to transition to a no-fault automobile insurance system to deal with ballooning costs at the provincially owned Insurance Corporation of British Columbia (ICBC), a move that has raised the ire of many in the provincial legal community. ... [read more]

Tuesday, February 11, 2020 @ 8:43 AM

Stopping coronavirus: Precautions for business travellers coronavirus_stop_sm

For the past month, the world has been on alert after the identification of a novel coronavirus. Governments around the world have been taking action to stop the spread of the disease across international borders. However, the primary responsibility to ensure the containment of the virus falls to individual travellers themselves. There are a number of steps that should be taken by business travellers during this state of emergency to ensure that each is doing their part to protect the public health. ... [read more]

Monday, February 10, 2020 @ 3:28 PM

Off-coverage positions: Requirement for reasons Car insurance form

An insurance company denying coverage and adding itself as a statutory third party can have major implications on an injured plaintiff’s ability to recover adequate compensation for their injuries. ... [read more]

Monday, February 10, 2020 @ 9:10 AM

LIABILITY INSURANCE - Household or homeowner’s policies

Appeal by the insurer and cross-appeal by the insured from a decision of an application judge finding that the insured’s daughter was covered under her home insurance policy. ... [read more]

Thursday, February 06, 2020 @ 11:15 AM

Dunton Rainville adds two lawyers in Montreal, one in Joliette

Dunton Rainville announced that three new lawyers have joined the firm: Dima Ghozaiel and Stefan Sasura, who join the Montreal office and Sonia Castonguay, who is based in Joliette, Que. ... [read more]

Thursday, February 06, 2020 @ 10:04 AM

Ontario Court of Appeal insurance ruling ‘fundamentally flawed,’ lawyer says Darryl Singer

An Ontario Court of Appeal ruling that set aside a judgment awarding a death benefit to a life insurance policyholder’s widow will give insurance companies more reason to deny claims in the future, warns a Toronto personal injury lawyer. ... [read more]

Wednesday, February 05, 2020 @ 11:07 AM

Robot justice: China’s use of Internet courts Robotscales

Would it scare you if I said that China has been doing this since 2017? In December 2019, China has announced that millions of legal cases are now being decided by “Internet courts” that do not require citizens to appear in court. The “smart court” includes non-human judges, powered by artificial intelligence (AI) and allows participants to register their cases online and resolve their matters via a digital court hearing. ... [read more]