Focus On



Thursday, August 08, 2019 @ 9:25 AM - Last Updated: Thursday, August 08, 2019 @ 12:56 PM

Longtime Ontario firm Hughes Amys ceases operations

Hughes Amys LLP, a prominent Ontario insurance litigation firm in operation for over 100 years, has closed. According to the firm’s website, Hughes Amys has “ceased operations” and inquiries have been directed to a generic e-mail address. When The Lawyer’s Daily contacted the firm, the chief operating officer, Mary Lavis-Todd, responded but declined to comment on the date and cause of the closure.  ... [read more]

Thursday, August 08, 2019 @ 8:41 AM

Evolution of bad faith claims in Canada: Risk management suggestions Man Walking on Tightrope

While there have been a handful of cases involving alleged bad faith conduct since the Sidhu v. The Wawanesa Mutual Insurance Co. 2011 BCSC 1117 and McDonald v. The Insurance Corp. of British Columbia 2012 BCSC 283 decisions, awards for punitive damages in bad faith claims have decreased since the Whiten v. Pilot Insurance Co. 2002 SCC 18 award for $1 million. Perhaps this decrease can be explained by the trend of all litigants to settle before trial in order to avoid litigation cost and risks. The result is that fewer courts have had the opportunity to assess the bad faith conduct of an insurer. ... [read more]

Wednesday, August 07, 2019 @ 11:13 AM

AI poses legal challenges for health care practitioners, insurers Computer and human hands touching screen

Recent advances in health care-related artificial intelligence (AI) have generated significant enthusiasm. Researchers have created AI to, among other things, identify certain pathologies from diagnostic images, help maximize the utility of complex organ matching systems and assist in certain aspects of surgery. As these AI applications are implemented, new legal and policy challenges are emerging for both health care practitioners and the institutions that insure them. ... [read more]

Wednesday, August 07, 2019 @ 8:04 AM

INSURERS - Duty to defend

Appeal by the insurer from an order that it had a duty to defend the respondents, and from an award of special costs. ... [read more]

Tuesday, August 06, 2019 @ 10:50 AM

Two new insurance associates for Blaney McMurtry

Blaney McMurtry announced that Lucas Kittmer and Maria Christodoulou have joined the firm as associates. ... [read more]

Thursday, August 01, 2019 @ 11:51 AM

Change needed to laws on mining disaster cleanup: B.C. First Nations group

An organization representing First Nations in British Columbia’s natural resources sector is calling for the provincial government to beef up its laws to ensure mining companies contribute financially to the cleanup of environmental disasters. ... [read more]

Wednesday, July 31, 2019 @ 9:58 AM

Evolution of bad faith claims in Canada: Key case law since Whiten Car crash

The most common conduct of insurers that is subject to bad faith claims is the type of conduct at issue in two significant British Columbia cases. In 2011, in Sidhu v. The Wawanesa Mutual Insurance Co. 2011 BCSC 1117 the British Columbia Supreme Court awarded $50,000 in punitive damages against the insurer for bad faith conduct. ... [read more]

Tuesday, July 30, 2019 @ 12:56 PM

Langlois adds insurance law associate

Langlois lawyers announced the addition of associate lawyer Laurie Lacasse to its insurance law team in Montreal. ... [read more]

Tuesday, July 30, 2019 @ 11:35 AM

Engaging in illegal cannabis activity may void right to indemnity Cannabis in house

While the possession, distribution and use of cannabis have generally been legalized in Canada, many cannabis-related activities remain forbidden depending on the provincial jurisdiction. These prohibitions can have a significant impact on exclusion clauses relating to illegal activities. In particular, policyholders who engage in such activities may forfeit their right to insurance indemnity. ... [read more]

Monday, July 29, 2019 @ 2:05 PM

Power of framing, illusory truths in everyday legal practice twoheadsteal

This is the second part of a three-part series discussing how cognitive biases and heuristics can affect everyday legal practice. Part one discussed the well-known concept of anchoring. This second part discusses two further concepts: “framing” and the “illusory truth effect.” These concepts are particularly relevant to effective advocacy. ... [read more]