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  • Article

    Ontario Court Strikes Out Passenger Claims For Aggravated Damages And Common Law Negligence Pursuant To Warsaw And Montreal Conventions

    On January 14, 2011, Ashlyn O’Hara was a passenger on Air Canada Flight 878 ["AC878"] from Toronto to Zurich. During the flight, the First Officer went to sleep for approximately 75 minutes.
    CanadaInsurance
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Ontario Superior Court Clarifies Surety Bond Fees Subject To 3% Premium Tax Under The Corporations Tax Act

    The Ontario Superior Court has ruled that fees received by insurers for surety products written in Ontario are subject to the 3% premium tax under the Corporations Tax Act. This decision clarifies the tax treatment of surety bonds by interpreting ambiguous statutory language through reference to federal Income Tax Act provisions and legislative history. Insurers licensed to write surety business in Ontario should review their premium-tax reporting practices in light of this ruling.
Canada
Insurance
Gowling WLG
Gowling WLG
  • Article

    Parents — Do You Know What Your Kids Are Up To? You Could Be On The Hook, And You May Not Be Insured

    Parents may be held liable in connection with acts of their children, such as bullying, if the parents have failed to take reasonable steps to supervise the child.
    CanadaInsurance
    Gowling WLG
    Gowling WLG
  • Article

    PEI Auto Insurance Reforms: Change Is Coming

    The PEI government passed legislation that will result in significant changes to the standard automobile policy, effective October 1, 2014.
    CanadaInsurance
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Principle Dependency

    The arbitrator started by defining the duration of the time period pre-loss to be considered that would give the best indication of the situation that existed as of the date of loss.
    CanadaInsurance
    Samis + Company
    Samis + Company
  • Article

    Proposed Changes To The Automobile Insurance Act And The Insurance Companies Act

    Proposed changes to the Automobile Insurance Act and the Insurance Companies Act received second reading in the House of Assembly on April 15, 2019.
    CanadaInsurance
    Cox & Palmer
    Cox & Palmer
  • Article

    Reinsurance Review Update

    There has also been significant lobbying by the P&C industry with both OSFI as well as the Ministry of Finance.
    CanadaInsurance
    Cassels
    Cassels
  • Article

    Residents Of Saskatchewan: Can't Live Without Your Smartphone? Never Fear – Province Follows Manitoba's Lead In Regulation Of Portable Electronics

    On June 22, 2017, new regulations (the "Insurance Regulations") under Saskatchewan's Insurance Act were filed with the Registrar of Regulations.
    CanadaInsurance
    Gowling WLG
    Gowling WLG
  • Article

    Some Welcome Clarification Of Policy Interpretation For Insurers

    The Court of Appeal’s recent decision in Turpin v. The Manufacturers Life Insurance Company, 2013 BCCA 282, helps bring certainty back to the interpretation of insurance policies with respect to the application of the "reasonable expectations" principle.
    CanadaInsurance
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Statutory Deductible Significantly Reduces Jury Award In Recent Post-Trial Ruling

    Court notes "legislative intention that all but the most significant tort claims should be eliminated and injured motorists be largely confined to claiming no fault benefits under their own insurance policies"
    CanadaInsurance
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Successful Motion Confirms Defendant’s Right To Prepare Insurer Examiners For Trial

    The Superior Court has found that for the purpose of trial preparation, a Plaintiff’s consent is not required for Defendant’s counsel to meet with the examiners.
    CanadaInsurance
    Miller Thomson
    Miller Thomson
  • Article

    The Autopsy On The Castor Saga

    On April 14, 2011, the Quebec Superior Court rendered a 750-page decision in the matter of "Widdrington v. Wightman et al", known as the "Castor" case, the longest-running judicial saga in Canadian legal history.
    CanadaInsurance
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    The Best Defence Is Sometimes Not The Best Offence: The Value Of A Well-Drafted Waiver

    The Ontario Superior Court of Justice recently examined the effectiveness of a signed waiver as a full defence in the context of injuries sustained during recreational sports play in Levita v. Alan Crew et al.
    CanadaInsurance
    McCague Borlack LLP
    McCague Borlack LLP
  • Article

    The Continuing Expansion of the Definition of Automobile

    In a recent decision, Beattie and Unifund Assurance Company, [FSCO A13-005289], Arbitrator Kelly considered whether a "Genie Boom Crane" was an automobile under the Statutory Accident Benefits Schedule ("SABS").
    CanadaInsurance
    Lerners LLP
    Lerners LLP
  • Article

    The Hidden Costs Of Ontario's Proposed Auto Insurance Changes

    On April 11, 2019, the Ontario government presented its budget, in which it announced "Transformative Auto Insurance" reforms.
    CanadaInsurance
    Gluckstein Lawyers
    Gluckstein Lawyers
  • Article

    The Importance Of Understanding Policy Warranties

    Our lawyers, Anastase E. Maragos and Robert D. Powell, break down the concept of policy warranties, explaining the difference between express and implied warranties, and why they are critical for both insurers and insured...
    CanadaInsurance
    Watson Goepel LLP
    Watson Goepel LLP
  • Article

    The Second Opinion: Can The Reasonable Expectations Of The Parties Ground Insurance Coverage? Sometimes…

    The concept of the "reasonable expectations of the parties" is often alluded to in the insurance law context.
    CanadaInsurance
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    The Sensor: Legal Insights Into Autonomous Vehicles - July 2018

    While auto insurance is compulsory in all provinces across Canada, in Ontario, it became compulsory some thirty-eight years ago1 and little has since changed ...
    CanadaInsurance
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    UberX Drivers At Risk Of Being Dropped By Their Auto Insurers

    The word floodgate is used a lot. In thinking about its origins it basically means the following: a barrier is opened and millions of gallons of water come crashing out, smashing their way through anything in its path.
    CanadaInsurance
    Singer Kwinter
    Singer Kwinter
  • Article

    Update On Pre-Judgment Interest Calculations In Motor Vehicle Accidents

    On January 1, 2015, the Insurance Act was amended to include a new provision regarding pre-judgment interest.
    CanadaInsurance
    Lerners LLP
    Lerners LLP
  • Showing 861–880 of 3821 results

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