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Thursday, December 13, 2018 @ 1:54 PM

Multi-peril insurance policies: Property damage not peril Condodamage_sm.jpg

In Condominium Corporation No. 9312374 v. Aviva Insurance Company of Canada 2018 ABQB 674, Alberta’s Court of Queen’s Bench held a multi-peril insurance policy did not cover damage sustained to the structural integrity of a parkade. ... [read more]

Thursday, December 06, 2018 @ 8:20 AM

Ontario court limits taxi drivers’ duties to intoxicated passengers seatbeltguys_sm.jpg

The Ontario Superior Court of Justice in Stewart v. Douro-Dummer (Township) 2018 ONSC 4009 recently dismissed an attempt to expand recognized duties of care owed to intoxicated individuals; in this case, duties owed by taxi drivers to their visibly intoxicated customers. In so doing, the court’s decision is aligned with existing statutory limits on duties owed to adult automobile passengers and with the approach taken to the same issue in other common law jurisdictions. ... [read more]

Wednesday, December 05, 2018 @ 11:38 AM - Last Updated: Wednesday, December 05, 2018 @ 5:22 PM

Ex-SCC judge who co-wrote Dunsmuir weighs in as counsel as top court revisits Dunsmuir’s standard of review

Ex-Supreme Court of Canada Justice Michel Bastarache’s participation as a counsel in three appeals the top court is using to revisit one of his most famous judgments, Dunsmuir v. New Brunswick, has renewed debate about what ex-judges can do when they return to legal practice. ... [read more]

Wednesday, November 28, 2018 @ 2:16 PM

New partner, counsel and two associates join BLG insurance, tort group

Borden Ladner Gervais LLP (BLG) announced that Gilbert Hourani is a new partner in the insurance and tort liability group along with Pierre Visockis,  counsel, and Marc-André McCann and Samuel Robichon, associates, all of whom are based in Montreal. ... [read more]

Tuesday, November 27, 2018 @ 2:34 PM

Long term disability insurance: Common employee misconceptions Disabilitymyths

Long-term disability (LTD) coverage is often a key benefit employees derive from their employment. Most commonly found in group plans sponsored by employers, LTD benefits can provide significant security to employees in the form of income continuation when they are disabled due to an illness or injury. The 2018 annual report by the Canadian Life and Health Insurance Association suggests that over 12 million Canadians have access to some form of disability benefits. Other reports suggest one-third of Canadians will report being disabled for at least one period of 90 days or more before age 65. ... [read more]

Monday, November 26, 2018 @ 8:15 AM

ACTIONS - By insurer against insurer - Appeals and judicial review - Of final orders

Cross-appeal by the diocese from a decision that held the insurer was not liable for damages the diocese paid out under a conciliation process. ... [read more]

Friday, November 23, 2018 @ 1:31 PM

TRUSTS - Constructive trusts - Judicial recognition of constructive trust - Unjust enrichment

Appeal from a judgment of the Ontario Court of Appeal setting aside a decision concluding that the proceeds of an insurance policy were payable to Michelle Constance Moore. ... [read more]

Friday, November 23, 2018 @ 12:45 PM

Auto insurance changes ‘Christmas list’ for industry: B.C. trial lawyers John Rice, TLABC secretary/treasurer

British Columbia’s decision to classify psychiatric issues and mild concussions as minor under new automobile insurance regulations is being called troubling by members of the B.C. bar, adding that recent changes at the provincially owned insurance provider are reducing individuals’ chances to have their issues properly addressed. ... [read more]

Friday, November 23, 2018 @ 11:39 AM - Last Updated: Friday, November 23, 2018 @ 5:54 PM

SCC sheds light on unjust enrichment, constructive trust in case involving 2 wives, 1 insurance policy Justice Suzanne Côté

The Supreme Court has overturned the Ontario Court of Appeal to allow 7-2 the unjust enrichment claim of a first wife who saw the proceeds of her late husband’s $250,000 life insurance policy go to his second spouse, even though the first wife paid the policy premiums for 13 years on the understanding she would collect. ... [read more]

Tuesday, November 20, 2018 @ 12:26 PM

Where auto insurance meets autonomous cars Interior autonomous car

With the advent of autonomous vehicles quickly approaching, auto insurers have been considering and developing insurance products that take into account this new technology. ... [read more]