Insurance
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August 28, 2024
Benefits are available for passengers injured in auto accidents
Passengers injured in automobile accidents in Ontario can make a claim for damages regardless of which driver was at fault. The provincial no-fault insurance system ensures that auto insurance policies cover injured passengers. However, sometimes the injuries might exceed the policy limits. In those situations, it’s important to work with a personal injury lawyer to take legal action to win the compensation that will allow the individual to recover fully from the accident.
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August 27, 2024
Court: Insurer to pay defence costs for uncovered claims with cost reallocation post trial
The Ontario Court of Appeal has ordered Aviva Insurance to cover all past and future defence costs for an insured in a personal injury case, despite certain pleaded claims not being covered under the relevant policy, with costs to be reallocated at the end of the trial.
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August 23, 2024
New associates join Loopstra Nixon
Recent news releases from Loopstra Nixon LLP announced the addition of two new associates: Erin Hébert and Michael Juranka.
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August 22, 2024
How AI could assist in offering mental health care | Courtney Mulqueen
Chatbots providing mental health support could help to fill the gap left by a critical shortage of human therapists.
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August 16, 2024
Court sets prejudgment interest rate, citing plaintiff’s and insurer’s investment returns
The Ontario Court of Appeal has set prejudgment interest on non-pecuniary and past pecuniary damages in a personal injury case to 8.46 per cent, replacing the statutory five per cent rate, after considering a plaintiff’s investment returns during the relevant period.
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August 14, 2024
CCIR unveils report on governance, business culture for fair treatment of customers in insurance sector
On June 27, 2024, the Canadian Council of Insurance Regulators (CCIR) issued a report titled “Governance and Business Culture in terms of Fair Treatment of Customers: Consolidated Observations, Recommendations and Good Practices” (the report).
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August 13, 2024
Court affirms denial of $125M professional liability claim by law firm due to late reporting
The Ontario Court of Appeal has ruled that certain professional liability insurers are not required to cover a $125 million claim because the insured law firm failed to report it within the policy period.
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August 09, 2024
Canada sanctions Belarusian judges complicit in Lukashenko regime’s jailing of political prisoners
Canada and its allies have imposed asset freezes and immigration bans on certain Belarusian judges and others who facilitate repression and violations of human rights in their country, including jailing hundreds of political prisoners at the behest of President Alexander Lukashenko’s illegitimate regime.
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August 06, 2024
Ontario Court approves $12M settlement in GM ignition switch defect class action
The Ontario Superior Court has approved a $12 million settlement of a class action concerning allegations that General Motors was aware of an automobile ignition switch defect in certain vehicles it had sold as much as 12 years before it began recalling affected vehicles.
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July 31, 2024
AMPs for securities fraud can be debts released by bankruptcy discharge: SCC
Settling conflicting appellate case law over whether the exemption in s. 178(1)(e) of the federal Bankruptcy and Insolvency Act enables administrative money penalties (AMPs) and disgorgement orders imposed by a provincial securities regulator to survive a bankruptcy discharge, the Supreme Court of Canada ruled 5-2 that $13.5 million in AMPs imposed by the BC Securities Commission on two undischarged bankrupts for fraudulent securities activity is a debt that can be released by a future discharge in bankruptcy. But it ruled unanimously in addition that approximately $5.6 million in related disgorgement orders would survive any discharge from bankruptcy the pair might obtain in future.