Insurance
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July 17, 2024
THE INSURANCE CONTRACT — Interim coverage — Termination or breach — By insurer
Appeal by appellant, Shelly Legault, from trial judge’s decision granting damages brought by TD General Insurance Company (“TD”) against her, and award of costs on grounds that trial judge erred by failing to consider TD’s alleged breaches of homeowner's insurance Policy (“Policy”).
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July 16, 2024
Auto theft trend report finds car theft has decreased 17 per cent in 2024 so far
Équité Association, a national nonprofit supporting property and casualty insurers, has released its auto theft trend report for the first half of 2024, finding a 17 per cent decrease in auto thefts as compared to the same period last year.
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July 16, 2024
Do you have a death folder?
When it comes to estate planning, choosing an executor is important. However, it’s not just about the person; it’s about ensuring they have the necessary tools to carry out your wishes. You need to identify the information, documents and contact names your executor will need to ensure the future of your estate and the interests of your beneficiaries are well taken care of. Creating a file folder, digital or otherwise, to hold the information you gather is a great place to start.
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July 16, 2024
Johnson v. Lakeridge Health Corporation et al.: A matter of causation
The Ontario Court of Appeal recently released a decision, Johnson v. Lakeridge Health Corporation et al., 2024 ONCA 291, that touches upon the important issues of causation and expert evidence. The case went to trial before Justice Joseph Di Luca in November and December 2022. Justice Di Luca released the decision on May 1, 2023, dismissing the plaintiffs’ claim for failing to prove causation. At the time of trial, the only remaining defendant was Dr. Rose-Anne Vieira.
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July 15, 2024
Appeal Court orders Crown to pay insurer out of forfeited cyber fraud proceeds after Crown error
The Ontario Court of Appeal has ordered that an insurer be paid amounts paid out to a cyber fraud victim from crime proceeds forfeited to the Crown after the Crown failed to raise the insurer’s claim at a restitution hearing.
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July 11, 2024
Ontario cy-près class action settlement approved over municipal development that increased flood risk
The Ontario Superior Court of Justice has approved a cy-près class action settlement involving residents in the Ontario communities of Oakville and Milton who faced an increased risk of flooding and reduced property values due to municipal development that expanded a flood plain.
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July 11, 2024
B.C. court upholds ban on condo insurance business between brokers and related property managers
The B.C. Supreme Court has upheld a new rule prohibiting licensed insurance brokers from engaging in insurance business with strata corporations managed by property management companies with which the brokers share common ownership.
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July 10, 2024
Post-sentencing Code change results in successful appeal in animal rights case
People for the Ethical Treatment of Animals (PETA), an animal rights organization, asked a troubling question: “Have you ever wondered how someone can be moved to tears by a news story about an abused dog yet feel no remorse over eating a bucket of chicken wings that caused multiple birds to suffer and die?”
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July 10, 2024
When the defendant is an ice cream store
The concept of a corporation as a legal entity is far from simplistic. The principle of deterrence, which has a limited impact on individuals, can be a powerful tool for ensuring compliance in the complex world of businesses and government agencies.
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July 09, 2024
Navigating legal privilege in cyber incident response: Lessons from the LifeLabs data breach
The limits of client-solicitor and litigation privilege over internal reports and expert evaluations conducted in the wake of a cybersecurity incident were considered by the Divisional Court of the Ontario Superior Court of Justice in LifeLabs LP v Information and Privacy Commr. (Ontario) 2024 ONSC 2194.