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New and Pending Regulations To Impact Claims, Underwriting Procedures
Settlement Practices, Communication with Insureds, and Policy Language Affected
Category: Legal Issues
Confidential? Not Necessarily
In litigation, policyholders seeking coverage from insurers increasingly demand that the insurers disclose their communications with reinsurers. Nevertheless, this threat to confidentiality can be managed once the threat is identified, assessed and controlled
CASE LAW – R v Shymanski
This means that on prosecution, the crown does not need to prove that the accused formed the mental intent to disobey the sign and that the accused may raise the defence of having taken all reasonable care to comply to escape liability.
GST/HST Fraud Leads to 92 Months in Jail for Ontario man
The CRA investigation revealed that for the years 2001 to 2005 Smith filed fraudulent GST/HST returns thus receiving $9,836,052 in unwarranted refunds.
Lay Opinion Evidence Addressing An Athlete’s Potential
In the course of trial the Court was asked to address if opinion evidence relating to the Plaintiff’s potential trajectory in the boxing world was admissible from lay witnesses. Mr. Justice Greyell agreed that it could and provided the following reasons addressing this topic:
Stanley Cup riot prompts ICBC to file civil claim against 46 people
“There’s some pretty extreme acts of vandalism and we want to ensure those costs aren’t passed on to the customers,” he said.
Alleged impaired driver crashes vehicle in Newfoundland, owes $22,000 in fines
The man was not injured, but was handed a number of charges including impaired driving and operating a vehicle with no diver’s license and insurance.
Car-tracking devices spark privacy concerns
“It definitely has ramifications from a privacy point of view because it’s a new technology that will involve the collection of new personal information that, up until now, hasn’t been done,” said lawyer Kris Klein, an expert in privacy law.
Release of draft regulation regarding incidental sales of insurance in Manitoba
When the Regulations are in force, Manitoba will be the third Canadian province, following Alberta and Saskatchewan, to implement an ISI or restricted licence regime
$100,000 Non-Pecuniary Assessment For Pelvic Fracture Leading to Permanent Partial Disability
In this week’s case (Dunn v. Lyon) the Plaintiff was injured in a motorcycle collision in 2008
Police Officer Not Negligent For Crash While Running Red Light in Course of Duties
Plaintiff entered an intersection on a green light. At the same time the Defendant officer, who was responding to a call of a man with a knife threatening a child, ran a red light while responding to the call.
Contra Proferentem To The Rescue
In this week’s case (McLean v. Canadian Premier Life Insurance Company) the Plaintiff’s spouse was killed when a chartered aircraft in which he was travelling crashed.
Duty to Defend: Who is “you”?
Newfoundland Court of Appeal has issued another reminder to the insurance industry that the “plain English” use of words like “you” and “your” can lead to ambiguity and a duty to defend where none might have been expected.
Nasdaq paying $10M to settle charges over disruption of Facebook IPO; biggest for an exchange
Computer glitches at Nasdaq delayed the start of trading and caused problems for traders buying and selling shares during Facebook’s initial public offering on May 18, 2012. The Securities and Exchange Commission found the exchange liable for the problems and ordered it to pay $10 million US. (Eric Thayer/Reuters)
Faded Warning Sign Leads to Liability for Trip and Fall
By Erik Magraken on May 28, 2013 in Legal Issues
Today’s guest post comes from B.C. injury claims lawyer Erik Magraken Reasons for judgement were released last week by the BC Supreme Court, Nanaimo Registry, addressing the adequacy of a warning sign in an occupier’s liability lawsuit. In last week’s case (Simmons v. Yeager Properties Inc.) the Defendant owned a bakery in Chemainus, BC. Outside [...]
Busy Year for Canadian Insurers in Terms of Implementing New Regulatory Requirements
Many insurers will be spending the balance of 2013 preparing, among other things, a risk appetite framework and new mandates for the board or risk committee.
Personal Bankruptcy Rates Drop In BC As Consumer Proposals Continue As the Preferred Debt Settlement Option
While bankruptcies continue to drop, the increase in consumer proposal rates indicate that consumer indebtedness is still very much a problem in the province, but that consumers are beginning to act on their debts sooner.
Poked, Tagged and NOW served via Facebook?
In addition to being poked and tagged on Facebook, foreign defendants can now be served with legal papers via the social media service.
Nova Scotia new tort of cyberbullying
A person who subjects another person to cyberbullying commits the tort and can be liable for general, special, aggravated and punitive damages and be subject to an injunction.
