The Insureds were successful in an action against their Broker in negligence for failing to provide them with sufficient advice about their home insurance policy. The Broker did not provide negligent advice. However, the broker was negligent because their clients had an imperfect understanding about the nature of a water endorsement on the insurance policy ...
A University’s Insurer was successful, on an appeal to the Ontario Court of Appeal, to compel the Insurer for Judo Ontario to contribute to a settlement agreement reached between the University and one of its students who had sustained injuries while sparing with a classmate. The fact that the University Judo club had not paid ...
A plaintiff injured while riding as a passenger in an uninsured vehicle which collided with another insured vehicle may be entitled to the other vehicles uninsured motor vehicle coverage pursuant to section 224 of the Ontario Insurance Act. The injured party relied upon Taggart v. Simmons (2001) 52 O.R. (3d) 704. McCardle v. Bugler, [2007] O.J. ...
A town was insured under a commercial general liability insurance policy. The town was sued for breach of contract. The statement of claim included claims for negligent misrepresentation and for proprietary estoppel. The court determined that the additional claims were derivative of the breach of contract claim and that the insurers did not owe a ...
The Plaintiff entered into a “BC Ferries” settlement with one Defendant. A remaining Defendant sought disclosure of the settlement amount. The Court did not order disclosure, but held that the Defendant could amend its pleading to include that it was entitled to have the settlement amount taken into account for the purposes of determining what, ...
The public motor vehicle Insurer was not entitled to recover from non-resident tortfeasors only the amount of funds that had been paid to date. Future amounts payable to the injured party may not be recoverable. Manitoba Public Insurance Corp. v. University of Waterloo, [2007] M.J. No. 321, Manitoba Court of Appeal, F.M. Steel, B.M. Hamilton, ...
Under Ontario law the deduction of income replacement benefits pursuant to section 267(1) of the Insurance Act, must be made from the total quantum of damages. The deduction is not to be made after the award has been reduced for contributory negligence. Cummings (Litigation Guardian of) v. Douglas, [2007] O.J. No. 3378, Ontario Court of ...
The Accused was found guilty of providing information to ICBC that he knew or ought to have known was false or misleading after the Court determined that the Accused’s statement that he went into a movie theatre to watch a certain film was false. R. v. Fortier, [2007] B.C.J. No. 1882, British Columbia Provincial Court, Dyer Prov. ...
The Insurer’s application for summary judgment was granted after the Court found on a balance of probabilities that the husband of the named Insured deliberately set the fire which destroyed the home. Charles v. Peace Hills General Insurance Co., [2007] A.J. No. 928, Alberta Court of Queen’s Bench, J.H. Langston J., February 22, 2007
The Court denied the Insured’s application for coverage pursuant to a Homeowner’s Insurance Policy after finding that the loss caused by the Insured’s mistake in failing to turn his sprinkler system to automatic before leaving on vacation did not fall within the coverage provisions of the Policy. Graham v. Canadian Direct Insurance Inc., [2007] B.C.J. ...
