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Wednesday, September 12, 2018 @ 11:55 AM

Health and life insurance issues surrounding legalization of cannabis manontightrope.jpg

The government of Canada recently announced that Bill C-45 on the legalization of recreational cannabis (Cannabis Act) and its regulations will officially come into force on Oct. 17, 2018. In this context, the insurance sector only has a few months to adapt to this new legislative framework. This second article in a two-part series provides an overview of the main risks and coverage issues related to the legalization of cannabis that will need to be assessed by damage insurers. (Read part one here.) ... [read more]

Monday, September 10, 2018 @ 10:47 AM

Subsequent payment cannot revive right that has been extinguished Calendar

In S.S. v. Economical, the applicant submitted an application to the Ontario Licence Appeal Tribunal (LAT) in which he claimed entitlement to attendant care and housekeeping benefits under Ontario’s Statutory Accident Benefits Schedule (SABS). In response, the insurer raised a preliminary issue noting that the applicant was statutorily barred from proceeding with his application as he had failed to dispute the insurer’s refusal to pay attendant care and housekeeping benefits within the legislated two-year limit for doing so. ... [read more]

Friday, September 07, 2018 @ 11:32 AM

Home and car insurance issues surrounding legalization of recreational cannabis Tightropewalker_sm.jpg

The government of Canada recently announced that Bill C-45 on the legalization of recreational cannabis (Cannabis Act) and its regulations will officially come into force on Oct. 17, 2018. In this context, the insurance sector only has a few months to adapt to this new legislative framework. ... [read more]

Friday, September 07, 2018 @ 9:27 AM

Quebec Court of Appeal sides with title insurers in battle with bar, notaries Simon Potter

American-based title insurers do not practise law or provide legal opinions when drawing up, registering and discharging refinanced mortgages, the Quebec Court of Appeal held in a legal battle that pitted the insurers against the governing bodies of the Quebec legal and notary professions. In an Aug. 28 ruling that underscores the growing impact of technology on the legal profession, the Appeal Court decision also shed light over the reach of statutes that govern and grant a professional an exclusive right to practise. ... [read more]

Thursday, September 06, 2018 @ 9:22 AM

CJC to appeal Federal Court’s ruling that judicial council subject to judicial review; discipline body alleges errors, appearance of bias Simon Noel

The Canadian Judicial Council (CJC) is appealing an important jurisdictional decision in which the presiding Federal Court judge accuses the leadership of the council of 39 chief justices of disrespecting his court and making poor litigation choices, and also “questions” whether CJC responses to queries from The Lawyer’s Daily amounted to “pressuring” federal Justice Minister Jody Wilson-Raybould to fire a Quebec judge “without regard for the judicial [review] proceedings that are legitimately before this [Federal] Court. ... [read more]

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

PAYMENT OF INSURANCE PROCEEDS - Advance payments

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]