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The Impact of the New Pleasure Craft Operating Card
June 30, 2010

A brief history lesson comparing drivers’ licenses and the PCO Card and some thoughts on the future.  

Journalist-Confidential Source Privilege May Exist In Canada
May 31, 2010

A journalist does not have the constitutional right to protect a confidential source. That is the ruling of the Supreme Court of Canada in R v National Post, released on May 7th.

Supreme Court Reconsiders the Meaning of "Accident"
May 31, 2010

The Supreme Court of Canada recently released its decision in the case of Co-operators Life Insurance v. Gibbens, 2009 SCC 59, in which an insured sought coverage under a group accident insurance policy for having contracted a sexual disease after having engaged in unprotected sex with a number of women. 

Ottawa-Carleton Standard Condominium Corporation 687 v ING Novex (1)
by Hillel David
May 31, 2010

Three important, and in two of the three instances perhaps questionable, principles are considered in this recent decision of the Ontario Court of Appeal. The factual background of the case may be briefly stated as follows:  There was a fire protection system in the insured condominium complex.  As a result of a faulty design/installation an event occurred, resulting in flooding. Although only part of the equipment was damaged, the insured replaced, and made a claim under the policy for, all.  This was based on the position that the system as a whole was damaged and the unsupported allegation that it was a reasonable and responsible step to replace it in its entirety...

The Duty to Defend, Revisited
May 31, 2010

Many insurers for maintenance contractors have taken the position that so long as there is some allegation in the statement of claim that touches on some independent act of negligence on the part of the property owner, there is no duty to defend under this clause. However, last year in Riocan Real Estate v. Lombard, Madam Justice Hennessey concluded that so long as the “true crux” of the claim falls within the scope of the duty to defend...

Bill C-311: The Climate Change Accountability Act
May 31, 2010

On May 5, 2010, Bill C-311, the Climate Change Accountability Act (the “Act”) was passed by the House of Commons. The Act will require that the federal government set regulations to attain a reduction in greenhouse gas emissions to 25 percent below 1990 levels by 2020. The Act also sets a more aggressive long term target to bring greenhouse gas emissions to 80 percent below 1990 levels by 2050.

Whether Sexually Transmitted Diseases Contracted During Unprotected Sex Meet the Definition of Accident
April 30, 2010

When an individual sustains losses from personal injury from illness and then seeks to have their accident insurance policy cover these losses, decisions must be made as to whether these losses are covered by the policy and the specifically, if they fit within the definition of accident.  Throughout the jurisprudence, the definition of accident has been the subject of exceedingly complex litigation.

Self-proclaimed Self-employed Contractor Entitled to Income Replacement Benefits Calculated as an Employee
by Michael Kennedy
February 28, 2010

In Ligocki v. Allianz Insurance Company of Canada, 2010 ONSC 1166,,the Ontario Superior Court, on February 22, 2010,  confirmed that a self-proclaimed "self-employed contractor" may be entitled to income replacement benefits calculated as an employee.

Professional Liability and the Financial Advisor
by Howard Borlack
February 16, 2010

A financial advisor cannot guarantee the financial success of their professional services. This is certainly the situation with financial advisors over the past 18 months since the banking crisis of 2008. Where advise is provided, the advisor is obliged to advsie with reasonable care, skill and diligence and will be held to an objective standard. This paper will provide an overview of the regulatory and legal obligations of financial advisors and the liability they face in providing their unique services.

A Dirt Bike is Considered an Automobile by the Ontario Court of Appeal
January 31, 2010

Rougoor v. Co-operators General Insurance Co., 99 O.R. (3d) 139, involved an action which arose as a result of a dirt-bike incident that occurred in Florida. The appellant was insured under a standard automobile policy with the respondent. Her policy of insurance with the respondent, listed, among other family-owned vehicles, one off-road dirt bike of which she was listed as the principal driver. The appellant was also listed as a secondary driver for another off-road dirt bike under the same policy of insurance.

Loss transfer regime is applicable even when the accident occurred outside of Ontario, if Ontario insurers are involved
January 31, 2010

Primmum Insurance Company v. Allstate Insurance Company, 2010 ONSC 986, involved an application for the appointment of an arbitrator in respect of a loss transfer dispute between Primmum Insurance Company and Allstate Insurance Company.

The School Board and Principal Have Significant Discretion When Dealing With Parent Volunteers
January 31, 2010

The recent decision of Foschia v. Conseil Des Ecoles Catholiques de Langue (hereinafter Foschia) defined the school’s duty when dealing with a parent volunteer that the school does not want to volunteer or even be on the school premises.

When a parent volunteers at a school, it in many cases can be beneficial for the school, the parent and the students.  In some cases, it can create a difficult situation for the school.  Parent volunteers are untrained and come from a wide range of backgrounds and have varied goals with respect to their involvement with the school.  On occasion, it can expose the school to the risk of liability or complaint from other parents. 

Product Liability in Canada 2010
December 31, 2009

Product liability law in Canada is governed by the common law in all provinces and territories except Quebec which is a civil law jurisdiction. While there are some differences in the legislation and case law across the common law jurisdictions, the law is fairly similar. The answers provided in this chapter are based on product liability law in the common law jurisdictions of Canada although some references to Quebec civil law are also included.

Early Claims Resolution Strategies
by Van Krkachovski
December 31, 2009

Point form information on claim resolutions strategies incliding early investigation, plaintiff productions, investigation and surveillance, experts, early settlement meeting, offer to settle, motion for summary judgment, meditation, bifurcation of trial, advance payment and appraisal of property claims.

Claimant can meet one definition of catastrophic impairment but not the other: Pastore v. Aviva
December 31, 2009

Pastore v. Aviva, FSCO A04-002496, involved a claimant, Anna Pastore, who was a pedestrian involved in a motor vehicle accident on November 16, 2002. The matter proceeded to Arbitration on a number of issues including whether Ms. Pastore suffered a catastrophic impairment...