The License Appeal Tribunal has held that a person who tripped over stone blocks and fell into a parked Honda vehicle was involved in an “accident”, making him entitled to receive accident benefit under the Statutory Accident Benefits Schedule. In…
Read more →When is a flood a flood? In Parker Pad & Printing Ltd. v. Gore Mutual Insurance Company, the plaintiff’s premises in Haliburton, Ontario were flooded during a severe rainfall. The rainfall resulted in large pools of water collecting outside of…
Read more →As this is being written, floodwaters are slowly receding after having inundated some 300 homes in the Ottawa area, and nearly 4,000 properties in the province of Quebec. And judging by modern Canadian history, there is a really good chance…
Read more →For Ontario brokers who thought they could rest easy after a year of dealing with the changes to the Statutory Accident Benefits Schedule, I’m afraid your prayers have not entirely been answered. Effective July 1st, the Highway Traffic Act in…
Read more →The Fort McMurray wildfire will end up costing government (read: taxpayers) and insurers considerably more than the flooding in southern Alberta in 2013. However, it appears to be the flood that is having – and will continue to have –…
Read more →I recently read a Superior Court decision about a woman who burned herself with hot coffee at a McDonald’s drive-through. Sound familiar? This case has nothing to do with the notorious hot coffee tort case in the U.S. that made…
Read more →Does an ATV become an “automobile” under Ontario insurance law if it is involved in an accident outside Ontario? In Benson v. Belair, an Ontario resident fell off the back of an All-Terrain Vehicle (ATV) in Fort Nelson, British Columbia.…
Read more →It’s early March and Alberta has already ramped-up preparations for the 2017 wildfire season. Indeed, the province – through an amended Forest and Prairie Protection Act – has codified the start of wildfire season as March 1. According to the Whitecourt…
Read more →I don’t think there’s a better way to say “I love you” than to give that special someone their very own copy of Auto Insurance Coverage Law in Ontario. For those dark and lonely nights when your loved one wants…
Read more →Can the definition of “owner” under the Dog Owners’ Liability Act include someone who does not have dominion and control over the dog? The Court of Appeal for Ontario says “yes”. Take a Bite of the Dog Owners’ Liability Act By way of background,…
Read more →A FSCO arbitrator has confirmed that the first insurer that receives a completed application for accident benefits is required to adjust and pay the claim, even if the insurer is taking an off-coverage position. Overview In Cankaya v. Intact /…
Read more →The changes to the Ontario Statutory Accident Benefits Schedule introduced on June 1st, 2016, were complicated enough. Now, to make matters worse, there are mixed messages coming from the industry as to when policyholders are affected by these changes. For…
Read more →This summer, the threat of a labour stoppage at Canada Post has caused many people and institutions to reconsider just how crucial mail delivery is to their business. In the insurance industry, we have already taken great strides to minimize…
Read more →One of the problems with large natural disasters like Fort McMurray is that much smaller ones can pile up with little notice and no fanfare. This seems to be what’s happening in Canada this year. As all eyes have been…
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