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Thursday, September 15, 2016 @ 8:00 PM

Insurance Law - Automobile insurance - Compulsory government schemes - Rights and duties of insurer

Appeal by the defendant insurers, ICBC and CDI, from a finding that the plaintiffs, Ocean Park Ford Sales (Ocean Park), SCK Motor Company (SCK) and Evans, were entitled to coverage. SCK leased a BMW from Ocean Park. The vehicle was insured by ICBC, with Ocean Park listed as lessor and SCK as lessee. CDI provided excess coverage, conditional upon there being valid compulsory insurance through ICBC. Approximately 11 months later, SCK returned the BMW to Ocean Park and arranged a sale and lease-back transaction for a Mercedes. The Mercedes was involved in an accident later that day prior to registration of the transaction. The plaintiffs took the position that the Mercedes was insured by the defendants at the time of the accident on the basis it was a substitute leased vehicle under the policy covering the BMW. A coverage issue arose, as SCK no longer had an interest in the BMW at the time of the accident. The defendants took the position that Ocean Park was the sole owner of the BMW and, as it had not disposed of its interest in the BMW, could not insure the Mercedes as a substitute vehicle. The chambers judge granted the plaintiffs a declaration they were entitled to coverage under both policies on the basis that their conduct was consistent with a transfer of ownership, and thus the substitute vehicle provision in s. 52 of the Insurance (Vehicle) Regulations applied. The defendant insurers appealed. ... [read more]

Thursday, September 08, 2016 @ 8:00 PM

Insurance Law - Automobile insurance - Accident benefits

Application by Saskatchewan Government Insurance (SGI) for an order quashing Bourelle’s appeal. Bourelle was involved in motor vehicle accidents in 1996 and 1998 and began receiving benefits pursuant to The Automobile Accident Insurance Act (AAIA). SGI ultimately terminated those benefits. In 2002, Bourelle appealed SGI’s decision. In 2016, Bourelle was ordered to attend on a physician for the purpose of undergoing an independent medical examination. Bourelle filed a notice of appeal asking that the decision be set aside. SGI submitted Bourelle’s appeal should be quashed because it was initiated without her having first obtained leave to appeal as required by s. 8 of The Court of Appeal Act. Bourelle conceded that the decision was interlocutory, but submitted that leave to appeal was not required because the AAIA gave her a right of appeal and the order concerned an injunction and thus fell within the scope of s. 8(2)(a)(iii) of the AAIA. ... [read more]

Thursday, August 18, 2016 @ 8:00 PM

The true meaning of replacement costs

In the wake of the destruction caused by the Fort McMurray wildfire, many property owners will look to utilize the replacement cost endorsement in their insurance policies to assist in their rebuilding efforts. ... [read more]

Thursday, August 18, 2016 @ 8:00 PM

The Fort McMurray fire gives new impetus to understanding the duty of insurers

In the wake of the destruction caused by the Fort McMurray wildfire, many property owners will look to utilize the replacement cost endorsement in their insurance policies to assist in their rebuilding efforts. Insurers and their counsel are undoubtedly familiar with the replacement cost endorsement, however some may be unaware of the jurisprudence related to its operation. This article addresses two particular issues that counsel should be aware of when asked to provide coverage opinions on claims under the endorsement: 1) what constitutes “replacement”; and 2) how long does an insured have to replace insured property? ... [read more]

Thursday, August 18, 2016 @ 8:00 PM

Not all medical cannabis equal in benefit plans

The use of cannabis for medical purposes has been legal in Canada since 2001. Provided that a proper prescription is obtained, an employer’s obligations to workers who use medical marijuana are no different than to workers who are prescribed other prescription drugs. ... [read more]

Thursday, July 07, 2016 @ 8:00 PM

Insurance Law - Automobile insurance - Accident benefits - Total disability - Compulsory government schemes - Bodily injury and death benefits

Not applicable ... [read more]

Thursday, June 09, 2016 @ 8:00 PM

Surviving the coming storm

Since the time of the Industrial Revolution, the Earth has warmed by approximately .8 (point eight) to 1 degrees Celsius (NASA Earth Observatory). In line with scientific projections that Northern Hemisphere countries will feel the effects of climate change more than equatorial nations, the rate of warming in Canada is roughly twice the global figure and, in the Arctic, closer to three times. ... [read more]

Thursday, May 05, 2016 @ 8:00 PM

Detailing the policy

Insurance counsel are undoubtedly aware of the need to look at the policy as a whole when interpreting the language of an insurance contract and providing coverage opinions. ... [read more]

Thursday, March 24, 2016 @ 8:00 PM

Compensation from one, several or all

In Ontario, a party is liable for injuries and resulting damages based on fault. There is however an exception to this rule pursuant to the joint and several liability provision of the Negligence Act, R.S.O. 1990, c. N. 1. ... [read more]

Thursday, January 14, 2016 @ 7:00 PM

No accident

Body Integrity Identity Disorder (BIID) is an unusual mental health condition which creates a powerful compulsion in people to become physically disabled. In 2013, BIID was listed as an “emerging condition” in the fifth edition of the diagnostic and statistical manual of mental disorders (DSM-5).  ... [read more]