Legal Update

Bad Faith

Injury Awards

Insurance

Evidence

 


Most Recent Articles

Car garage does not owe duty to drunk teenager injured in stolen car.

Posted by on May 11, 2018 in Insurance, Legal Update | 0 comments

Car garage does not owe duty to drunk teenager injured in stolen car.

On May 11, 2018, the Supreme Court of Canada  ruled that a commercial car garage did not owe a duty of care to a person who was injured in a car he had stolen from the garage. In Rankin (Rankin’s Garage & Sales) v. J.J., J.J., a teenager, suffered a catastrophic brain injury in a motor vehicle collision. He sued Rankin’s Garage & Sales, among other parties, for negligence because the car that he and another teenager stole from the garage had been left unlocked with the keys in the ashtray. At trial, the jury found multiple parties...

read more

Manulife to pay benefits to brain-injured man, after a long battle.

Posted by on Apr 19, 2018 in Insurance, Legal Update, Uncategorized | 0 comments

Manulife to pay benefits to brain-injured man, after a long battle.

On April 19, 2018, Ontario’s highest court ordered Manulife to pay long-term disability benefits to a man who suffered a traumatic brain injury and a severe back injury during a company-sponsored event on April 16, 2005. In  MacIvor v. Pitney Bowes Inc., [2018] O.J. No. 2105, 2018 ONCA 381, the Ontario Court of Appeal (“ONCA”), reversed a trial decision and found for Lenard MacIvor. Mr. MacIvor suffered a traumatic brain injury and a significant musculoskeletal injury during a company-sponsored event in Costa Rica. Mr....

read more

ICBC assessed costs for “improper act”.

Posted by on Feb 20, 2018 in Insurance, Legal Update, Uncategorized | 0 comments

ICBC assessed costs for “improper act”.

On February 20, 2018, the BC Supreme Court assessed costs against ICBC in Garayt v. Deneumoustier, 2018 BCSC 295, for failing to abide by “very clear case law”. By way of background, when a lawyer in British Columbia receives trust funds a $15 “trust administration fee” must be assessed. For a description of the fee program, click  here.  This is a mandatory assessment. So, when a plaintiff retains a lawyer to resolve a dispute with ICBC this fee needs to be paid.  If the plaintiff is successful, ICBC ought to...

read more

Insurer ordered to pay for emergency surgery while travelling.

Posted by on Jul 28, 2017 in Insurance, Legal Update | 0 comments

Insurer ordered to pay for emergency surgery while travelling.

On July 28, 2017, the Supreme Court of BC ordered an insurance company to pay for a British Columbia man’s emergency heart surgery while travelling. The court held, in Fletcher v. Royal & Sun Alliance Insurance Company of Canada, 2017 BCSC 1330, that the medical expenses Paul Fletcher incurred while outside of Canada were not excluded by the policy. The court made this finding after noting that Mr. Fletcher was advised by his treating physicians that: a) his condition was stable; b) he was safe to travel; and c) further testing...

read more

Surveillance prohibited while attending medical examination.

Posted by on Jun 28, 2017 in Evidence, Insurance, Legal Update | 0 comments

Surveillance prohibited while attending medical examination.

On June 28, 2017, a judge of the BC Supreme Court prohibited a defendant from conducting video surveillance of a plaintiff who is compelled to attend a defence medical examination in a personal injury lawsuit. Rule 7-6(1) of  the Supreme Court Civil Rules allows compulsory examinations where the physical or mental condition of a person is in issue in an action. For many years defendants, or their insurers, have used these examinations as opportunities to conduct covert surveillance of plaintiffs in personal injury and disability lawsuits....

read more

Expert evidence not always needed when common sense prevails.

Posted by on Jun 23, 2017 in Evidence, Insurance, Legal Update | 0 comments

Expert evidence not always needed when common sense prevails.

On June 23, 2017, the BC Supremc Court considered the use, and overuse, of expert evidence in personal injury litigation. Truax v. Hyrb, 2017 BCSC 1052, was an action arising out of a motor vehicle accident in which fault was at issue.  The defendant brought an application seeking a dismissal of the lawsuit and argued that in failing to adduce expert engineering evidence an adverse inference should be drawn against the plaintiff.  In rejecting this argument, Mr. Justice Dley provided the following comments about the role of expert evidence:...

read more

Manulife pays $69 million to settle class action.

Posted by on May 8, 2017 in Insurance, Legal Update, Uncategorized | 0 comments

Manulife pays $69 million to settle class action.

After almost eight years of litigation, a securities class action against Canada’s largest life insurance company settled for $69 million. In  Ironworkers Ontario Pension Fund v Manulife Financial, 2017 ONSC 2669, the Ontario court approved the payment of honoraria to the representative plaintiffs, the payment of class counsel contingency-based legal fees, and the payment of a preliminary commission to a third-party litigation funder. Background Manulife Financial Corporation (“MFC”) is the largest life insurance company in Canada. In...

read more

Court rules that insurers must “avoid” obscure terms.

Posted by on Apr 20, 2017 in Insurance, Legal Update | 0 comments

Court rules that insurers must “avoid” obscure terms.

On April 20, 2017, Mr. Justice Kent of the BC Supreme Court ruled that vehicle damage arising from a lessee’s arson does not fall within the “conversion exclusion” clause in an ICBC Autoplan Optional Policy, and an innocent lessor may be entitled to coverage.  CIT Financial Ltd. v. Insurance Corporation of British Columbia, 2017 BCSC 641, involved a coverage dispute for the alleged arson of a leased vehicle. The Court was asked to interpret the insured plaintiff’s insurance policy and, in particular, whether coverage for the fire...

read more

Defence request for 2nd medical exam denied.

Posted by on Mar 23, 2017 in Evidence, Legal Update | 0 comments

Defence request for 2nd medical exam denied.

On March 23, 2017,  the Supreme Court of BC denied the defence request for an medical examination by a vocational psychologist due to the fact that the defence had a previous medical examination by a defence psychiatrist (from whom they had no ordered a report). In Baxter v. Shelton, 2017 BCSC 953, Master Keighley wrote: [6]             …counsel for the defence determined to have a vocational rehabilitation assessment done and scheduled an appointment for March 24, 2017, before Dr. Colleen Quee Newell, a vocational rehabilitation...

read more

Disability insurer fails to force claimant to take irrelevant testing.

Posted by on Feb 22, 2017 in Evidence, Insurance | 0 comments

Disability insurer fails to force claimant to take irrelevant testing.

On December 16, 2016, a judge of the Ontario Superior Court of Justice dismissed an application by an insurance company for an order compelling a disabled worker to undergo neuropsychological testing. The judge in Woolsey v. Industrial Alliance Insurance and Financial Services Inc., [2016] O.J. No. 6497, 2016 ONSC 7617, found that neuropsychological or cognitive function had not been put at issue and no treatment providers or experts had recommended it. The claimant was a disabled employee who alleged that he was unable to work as an...

read more