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Wednesday, September 05, 2018 @ 1:22 PM

Disclosing flood risk in residential real estate deals Floodhouse_sm.jpg

Flooding in such places as Ontario and Quebec in 2017 and New Brunswick and British Columbia this year brought several issues to the fore, not the least of which is the pressing need to create a formal mechanism through which homeowners and potential homebuyers can be informed of the level of flood risk for a particular property. ... [read more]

Wednesday, September 05, 2018 @ 9:14 AM

Decision finds title insurance covers losses due to unmarketable title title_insurance_sm

We had previously discussed the Ontario Court of Appeal decision in MacDonald v. Chicago Title Insurance Co. of Canada, 2015 ONCA 842. The first case following this decision is Breen v. FCT Insurance, 2018 ONSC 3644. In 1999, the Breen family purchased a cottage that had been custom built by a previous owner. Everything was above board — except for one finicky detail. ... [read more]

Friday, August 31, 2018 @ 7:57 AM


Appeal by the insurer from summary judgment dismissing its action for repayment of excessive benefits paid to its insured. ... [read more]

Wednesday, August 29, 2018 @ 11:15 AM

The liability risks of running on empty gasgauge

When people start experiencing car problems their first inclination is to get the vehicle home and deal with the problem later. However, a person who knowingly brings a stalling vehicle (or a vehicle with low gas) onto a busy highway could be found liable for negligence. ... [read more]

Wednesday, August 22, 2018 @ 2:58 PM

The artificial intelligence revolution and reshaping of insurance industry chatbot_sm.jpg

The information revolution has had an undeniable impact on society, as did the Industrial Revolution before it. Artificial intelligence is now set to be the next revolution that will have an enormous impact on civilization, affecting how we live, play and work. ... [read more]

Wednesday, August 22, 2018 @ 9:24 AM

What happens when humans cause forest fires morefire_sm.jpg

As large swaths of British Columbia and California burn with both regions in the midst of very active fire seasons, an article in the New York Times blazed with the headline “Behind Most Wildfires, a Person and a Spark: ‘We Bring Fire With Us.’ ” ... [read more]

Monday, August 20, 2018 @ 12:02 PM

What the Canyon Meadows assault decision means to municipalities Video_camera_sm.jpg

In the recent decision McAllister v. Calgary (City) 2018 ABQB 480, the City of Calgary was found liable by the Alberta Court of Queen’s Bench for a random and unprovoked assault which occurred on New Year’s Eve. ... [read more]

Friday, August 17, 2018 @ 11:01 AM

The real causes of most forest fires, plus who is on the hook for them wildfire_sm.jpg

At writing, a large wildfire continues to burn in northeastern Ontario. Known as Parry Sound 33, the fire reportedly started July 18 on Henvey Island First Nation, located north of Parry Sound and south of the Pickerel River. Currently being “held” at more than 11,300 hectares (Aug. 16), workers familiar with the situation maintain that the fire started by wind farm construction taking place in the First Nations community. Henvey Inlet is the site of the province’s largest wind turbine project. At the time of the fire, crews were blasting rock and clearing land in preparation for the erection of dozens of wind turbines. (See original news story here.) ... [read more]

Thursday, August 16, 2018 @ 9:20 AM

ICBC rate structure changes will create more fairness in system: lawyer Scott Stanley, Murphy Battista LLP

The B.C. government is moving to change the three-decade-old rate structure at the provincially owned Insurance Corporation of British Columbia (ICBC), a move an observer said is consistent with basic insurance principles and one that will no longer reward drivers for bad behaviour. ICBC’s current rate structure is built around insuring the vehicle rather than the driver and allowing discounts to drivers despite the possibility of their having multiple crashes. Provincial Attorney General David Eby said that has resulted in British Columbians with crash-free, clean driving records subsidizing bad drivers. ... [read more]

Tuesday, August 14, 2018 @ 8:25 AM

NEGLIGENCE - Causation - Foreseeability and remoteness Motor vehicles - Passengers

Trial on the issue of whether the defendant taxi driver was jointly and severally liable for the plaintiff’s damages for his failure to ensure the plaintiff wore a seat belt. ... [read more]