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Thursday, December 19, 2019 @ 1:26 PM

Autonomous vehicles and collection of personal data Autonomous car with data

Autonomous vehicles have the potential to reduce human error and increase driver safety. In order to do so, these vehicles must collect a driver’s personal data. But what does this mean for individuals involved in motor vehicle accidents? ... [read more]

Tuesday, December 17, 2019 @ 2:29 PM

Ruling questions default prejudgment interest on non-pecuniary damages Scissors cutting money

In MacLeod v. Marshall 2019 ONCA 842, the Court of Appeal confirmed that Ontario courts have discretion when setting the prejudgment interest (PJI) rates for non-pecuniary damages arising from personal injury actions, thereby signalling a possible shift away from the default rule of five per cent PJI as contemplated by Rule 53. ... [read more]

Monday, December 16, 2019 @ 9:34 AM

AUTOMOBILE INSURANCE - Accident benefits - Death benefits

Appeal by the insured’s dependent children from a decision dismissing their action for a declaration that they were each entitled to a full spousal death benefit under the Automobile Accident Insurance Act, not to a prorated share of that amount. ... [read more]

Friday, December 13, 2019 @ 11:22 AM

Failure to do deal with insured in good faith leads to punitive damages Hands going through forms

A recent disability decision offers a compelling wake-up call for insurers who unreasonably refuse to pay a claim. ... [read more]

Thursday, December 12, 2019 @ 6:30 AM

AUTOMOBILE INSURANCE - Accident benefits - Definitions

Appeal by B from a decision dismissing his claim for statutory accident benefits (SABs). ... [read more]

Wednesday, December 11, 2019 @ 10:38 AM

Off-coverage positions and timing of a breach of policy defence Businesswoman tearing up paper

Once notified of an accident, although it is prudent for an insurer to consider whether there is a coverage issue at the outset of a dispute, this may be easier said than done. The question of when an insurance company is allowed to declare that a policy will not cover a particular accident has and will continue to arise in litigation. ... [read more]

Wednesday, December 11, 2019 @ 9:29 AM

New Quebec impaired punishment does not fit crime | Kyla Lee

The Quebec government has recently enacted legislation that would require repeat impaired driving offenders to install ignition interlock devices in their vehicles, for life. ... [read more]

Tuesday, December 10, 2019 @ 12:54 PM

Trusting contractor to obtain sufficient insurance may lead to headaches Man falling back onto hand

With winter’s arrival, ’tis the season for slips, trips and falls. To keep their visitors safe, many property owners contract out their winter maintenance. Customarily, these maintenance contracts require the contractor to obtain comprehensive general liability insurance, naming the property owner as an additional insured. But what happens if they don’t? ... [read more]

Monday, December 09, 2019 @ 12:29 PM

Tree law in Canada: Loss of privacy Trees

Across Canada, many trespass cases include a claim for damages involving loss of screening and privacy. Screening is a physical barrier, often in the form of a hedge, or groups of plants such as shrubs and trees. The basis for the claim is that the change in screening now permits a person to easily see into the formerly secluded area, or that the plaintiff can now look out and see people or other things — hidden before the damage — that they do not want to see. ... [read more]

Monday, December 09, 2019 @ 9:38 AM

Litigation associate joins DLA Piper’s Calgary office

DLA Piper (Canada) LLP announced that Andrew MacGregor has joined the firm’s Calgary office as an associate in the litigation, arbitration and investigations group. ... [read more]