In Niedermeyer v. Charlton, 2014 BCCA 165, the British Columbia Court of Appeal, by a 2-1 majority, reversed the summary trial decision that had found a Release and Waiver Agreement barred the plaintiff from suing for injuries sustained in a motor…
Read more →The 2014 Ontario Budget outlined a number of commitments, however many are initiatives that have been previously been announced.
Read more →FSCO has released a draft Statement of Priorities for 2014 and invites stakeholders to submit comments on the proposed priorities and initiatives by May 30, 2014. The draft is loaded with auto insurance initiatives which reflects the high level of activity on this file by the government over the past few years.
Read more →In Precision Plating Ltd. v. Axa Pacific Insurance Co., the British Columbia Supreme Court held that the absolute pollution exclusion in a CGL policy did not preclude a duty to defend actions by unit owners in a strata complex arising from a fire…
Read more →A recent decision from the Ontario Superior Court has shed light on the role that the description of an insured’s business operations has on liability coverage. Harjit Virdi was the principal of Multilamps Shades Co. (“Multilamps”) and American Industrial Machines…
Read more →In Lavoie v. T.A. McGill Mortgage Services Inc., the Ontario Court of Appeal in a decision released on April 3rd, 2014, upheld the dismissal of this action against Echelon, the professional liability insurer of a mortgage broker, T.A. McGill Mortgage…
Read more →Full disclosure here. I worked with Justice Douglas Cunningham on his review of Ontario’s Dispute Resolution System (DRS) and fully support his recommendations. In the process of coming up with his recommendations, Justice Cunningham listened to a lot of users…
Read more →The Superior Court has released a new decision on whether an insured violated a statutory condition in the standard Ontario Automobile Policy. In O’Connell v. The Personal Insurance Company, the applicant’s girlfriend asked to borrow his vehicle, insured with The Personal,…
Read more →In 2008, thieves stole approximately $2 million dollars worth of jewellery, including two Stanley Cup rings, from the home of Paul and Judy Bronfman. As it turned out, the couple’s insurance policy contained sub-limits of $10,000 for jewellery and $1,500…
Read more →Kinkade v. 947014 Ontario Inc. c.o.b. as The Silver Dollar, 2014 ONSC 1599, involved a successful motion by the defendant adult entertainment facility for a defence in this action by the plaintiff who sustained personal injuries when shot in the leg…
Read more →Canadian businesses lose an estimated $5 billion annually as a result of cargo theft. Organized by a sophisticated network of criminals, cargo theft involves stealing trucks or trailers full of merchandise to sell for a quick profit. This organized crime…
Read more →In Kassburg v. Sun Life Assurance Company of Canada, Ontario Superior Court Justice Ellies dismissed the LTD insurer’s motion for an order that the plaintiff’s action is limitation-barred. The defendant insurer asserted that there was a one-year limitation under the contract…
Read more →In Stewart v. TD General Insurance Company, a three-member panel of the Ontario Divisional Court dismissed the appeal from the motion judge’s ruling that the plaintiffs were entitled to just $1,000 for each of their 11 stolen marijuana plants that…
Read more →Rapid advances in technology have brought a new level of convenience to customers. Communication channels such as e-mail, mobile web and social media are now in active use for conducting insurance business. More than ever, brokers will need to market…
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