Focus On



Tuesday, February 04, 2020 @ 1:16 PM

Striking claims against insurance adjusters Disability claim form

In the recent decision of Burns v. RBC Life Insurance Co. 2019 ONSC 6977, Justice Paul Perell dismissed a claim against employees of RBC that were involved in handling the denial of the plaintiff’s disability claim. The case provides insight regarding when a claim against an insurance adjuster may be struck on a Rule 21 motion for failing to disclose a reasonable cause of action. ... [read more]

Monday, February 03, 2020 @ 9:49 AM

B.C. Appeal Court sides with insurer on test for material risk Steve Abramson, Harper Grey LLP

The B.C. Court of Appeal has upheld the decision by an insurance company to terminate a contract after it discovered a medical marijuana grow operation had not been reported to them, but declined to answer the question posed by the couple who brought the action as to whether insurance laws required an insurer to prove an insured knew, either objectively or subjectively, that a change in risk was material to the policy. ... [read more]

Friday, January 24, 2020 @ 11:06 AM

Boilerplate waivers: Do I have the right to sue? Clipboard with liability release

Copy. Paste. Print. Can it be that simple if a business or organization is looking to create a legal contract designed to prevent another party from suing for liability? ... [read more]

Friday, January 24, 2020 @ 9:20 AM

Cyber threat to high net worth individuals growing data_proection_sm

Most multimillion-dollar corporations have robust privacy and security programs, or are in the process of developing them to protect their corporate crown jewels. However, as corporate entities are developing sophisticated processes to mitigate against cyberattacks, hackers have discovered another artery through which to get to these precious stones, leaving high net worth individuals (HNWI), their estates and family offices vulnerable to cyberattacks and privacy breaches. ... [read more]

Friday, January 24, 2020 @ 8:52 AM

‘I wish I were in an Oscar Mayer wiener’ | Marcel Strigberger

OMG! Or rather OMW! Oscar Mayer Wiener! Here’s the big scoop. ... [read more]

Thursday, January 23, 2020 @ 1:39 PM

‘Not criminally responsible’ element in insurance case bolsters sparse jurisprudence: lawyer Robert_Sampson_sm

A recent Nova Scotia court decision allowing a schizophrenic man to collect on his common law partner’s life insurance after being found not criminally responsible for killing her “shores up” a “slim thread-line” of case law in this area, says his lawyer. ... [read more]

Thursday, January 23, 2020 @ 8:03 AM

AUTOMOBILE INSURANCE - Third party liability - Vehicle rentals

Appeal by Enterprise Rent-A-Car from a decision finding it was the first loss insurer. ... [read more]

Wednesday, January 22, 2020 @ 12:33 PM

What is a household? Two-storey house

Traders General Insurance Company v. Gibson 2019 ONCA 985 clarifies the law with respect to who qualifies as a member of a household, but the analysis remains very fact-driven. One cannot help but anticipate further disputes in this area, given the increasing prevalence of non-traditional living arrangements, particularly in large Canadian cities. ... [read more]

Tuesday, January 21, 2020 @ 1:22 PM

Deadline nears for public input on medical assistance in dying | Nathan Baker

Medical assistance in dying (MAiD), euthanasia, assisted suicide. The terms all evoke particular reactions in each person. People have intensely personal views on the matters and the law has evolved over time when dealing with the issue. ... [read more]

Monday, January 20, 2020 @ 3:18 PM

Be mindful when breach of broker’s duties occurs Man with long nose dollar sign

A recent case from Alberta, Duraguard Fence Ltd. v. Badry 2019 ABQB 783, warns of the dangers of breaching broker duties when an insurance broker fails to consider the insured’s loss history and foreseeable claims while placing insurance coverage. ... [read more]