Insurance
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July 22, 2024
Competition watchdog gives guidance, seeks input on policing deceptive ‘greenwashing’ by business
The federal Competition Bureau is asking for input from lawyers, their clients and the public to inform the bureau's “future enforcement guidance” regarding misleading and unsubstantiated environmental claims by businesses about products or activities, including future enforcement guidance with respect to last month’s amendments to the Competition Act that explicitly address “greenwashing.”
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July 22, 2024
Class action seeking $10M launched against Calgary for ruptured water main
A proposed class action has been launched against the City of Calgary and Calgary-based utility Enmax Corp. over flooding that resulted from the major water main rupture that occurred in the city in June, which the lawsuit alleges was caused by known defects in the main since its installation in the 1970s. The claim seeks $10 million in general damages.
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July 18, 2024
Court finds doctor cannot amend libel claim against lawyer who represented car accident victim
The Ontario Superior Court of Justice’s Divisional Court has dismissed an appeal of a decision that denied a doctor’s request to amend his statement of claim in a libel case against a lawyer who was involved in a car accident insurance claim case.
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July 18, 2024
New criminal rate of interest comes into effect Jan. 1, 2025
On May 31, 2024, an Order in Council was made indicating that certain changes to s. 347 of the Criminal Code, as summarized below, will come into effect on Jan. 1, 2025.
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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.