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Insurance

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Tuesday, May 22, 2018 @ 8:53 AM

THE INSURANCE CONTRACT - Coverage provisions and exclusion clauses

Appeal by the insurer from a decision of an application judge finding that the respondent’s loss was covered by the mortgage insurance policy issued by the appellant. ... [read more]

Thursday, May 17, 2018 @ 9:32 AM

British Columbia automobile insurance changes may be unconstitutional: lawyers’ group

Several lawyers organizations are raising the alarm about the B.C. government’s changes to the provincially owned Insurance Corporation of British Columbia (ICBC), with one group even saying the changes may not pass constitutional muster. ... [read more]

Thursday, May 17, 2018 @ 8:35 AM

Post-loss settlement bars insurer’s subrogated action apartment_fire_sm

In insurance law, subrogation refers to an insurer’s right to sue the party responsible for causing a loss to an insured in order to recover money paid out to its insured to satisfy a claim. Since a subrogating insurer is limited to enforcing only such rights its insured has against the party that caused the loss, problems can arise when an insured settles its uninsured losses with the tortfeasor and provides a general release of liability. In such circumstances, is the insured’s post-loss settlement effective to preclude the insurer’s subrogated action? ... [read more]

Wednesday, May 16, 2018 @ 9:23 AM

Court of Appeal sets higher standard to protect injured workers from wrongful conviction, counsel says Andrew Bigioni sm

The Ontario Court of Appeal has allowed three appeals regarding offences under the Workplace Safety and Insurance Act in a decision, counsel says, that sets a higher standard for courts to follow when convicting under subsection 149(2). ... [read more]

Tuesday, May 15, 2018 @ 10:38 AM

Dunsmuir revisited: If at first you don’t succeed… | Heather MacIvor

On May 10, 2018 the Supreme Court of Canada announced that it would hear three appeals from the Federal Court of Appeal (FCA). Most unusually, we were told why the Court granted leave: “The Court is of the view that these appeals provide an opportunity to consider the nature and scope of judicial review of administrative action, as addressed in Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190, 2008 SCC 9, and subsequent cases.” This is big news. ... [read more]

Tuesday, May 15, 2018 @ 8:34 AM

The futility of critique reports by expert witnesses courtroom silhouette_sm

While expert witnesses are traditionally retained to provide their opinion on an issue in a case, parties sometimes retain experts for a more tactical purpose — to critique the opposing expert. In this fifth article in a series on expert evidence, we highlight three decisions in which courts have questioned the utility of an expert witness’s “critique report”, and have ultimately placed little to no weight on it or excluded the evidence altogether. ... [read more]

Monday, May 14, 2018 @ 9:26 AM

Federal insurance oversight bodies seeking input on customer service regulations Nicole Mangan, Richards Buell Sutton LLP

Two oversight bodies for Canada’s insurance regulators are currently seeking input on new recommendations to ensure fair treatment of customers, and legal experts are saying it reflects a move to get regulations more consistent across the provinces as well as in line with international standards. ... [read more]

Friday, May 11, 2018 @ 6:29 PM

SCC rules garage owner owed no duty of care to secure car from joyriding youth who crashed David Young

A youth who was catastrophically brain-injured as a result of a drunken joyride in a car he helped steal from a garage parking lot faces a more difficult future after the Supreme Court ruled 7-2 that the garage owed him no duty of care as it was not reasonably foreseeable that the defendant’s actions in leaving the car unlocked, with the keys in the ashtray, would lead to the teenager being injured in a car crash. ... [read more]

Friday, May 11, 2018 @ 9:18 AM

Malpractice lawyers divided on Goudge report detailing costly, sluggish system Paul_Harte_sm

A new report slamming sluggish and costly medical malpractice litigation in Ontario will likely change nothing because doctors’ reputations are still being placed ahead of compensating victims, say lawyers who act for injured patients. ... [read more]

Friday, May 11, 2018 @ 8:40 AM

INSURERS - Duties - Duty to defend

Appeal by an insurer from an order requiring it to defend the respondents in a personal injury claim. ... [read more]