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Employer liable for Manulife’s human right’s violation.

Posted by on Mar 19, 2019 in Insurance, Legal Update | 0 comments

Employer liable for Manulife’s human right’s violation.

On March 19, 2019, the Human Rights Tribunal of Ontario found that Manulife’s handling of a disability claim was “significantly flawed” (paragraph 36), amounting to a breach of Marianne Knight’s human rights. The Tribunal found that the employer,  Surrey Place Centre, “delegated” it’s responsibilities to Manulife. As Manulife was acting as the legal agent of the employer, it was the employer who was made to pay for Manulife’s conduct. In Knight v. Surrey Place Centre, 2019 HRTO 482, the medical...

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BCCA approves claim settlement of less than 10% of full value.

Posted by on Nov 29, 2018 in Injury Awards, Legal Update | 0 comments

BCCA approves claim settlement of less than 10% of full value.

On November 29 2018, BC Court of Appeal approved the settlement of a claim, potentially worth more than $400,000.00, for the all inclusive sum of 35,000.00. In Deo v. Vancouver, 2018 BCCA 464, a child suffered serious injuries at school, leaving him partially blind. He sued for damages and was largely unsuccessful on proving liability at trial. The child’s lawyer valued the claim at over $400,000, but before the liability appeals could be heard a settlement of $35,000 was reached. The child, being a minor, could not legally agree to any...

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Replacement policy void, but $600,000 death benefit upheld.

Posted by on Nov 22, 2018 in Insurance, Legal Update | 0 comments

Replacement policy void, but $600,000 death benefit upheld.

On November 22, 2018, the Alberta Court of Queen’s Bench awarded a $600,000 death benefit to the 2 surviving children and adult partner of a deceased man, Jeffery Moss. In Moss v. Sun Life Assurance Co. of Canada, [2018] A.J. No. 1383, 2018 ABQB 953, the deceased’s daughter, Daniella Moss, brought a summary trial application seeking a declaration as to the validity of two insurance policies. She was one of the beneficiaries of the two life insurance policies on her father’s life. The deceased purchased a $600,000 life...

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Insurance company to stand trial for bad faith negotiations.

Posted by on May 17, 2018 in Bad Faith, Insurance, Legal Update | 0 comments

Insurance company to stand trial for bad faith negotiations.

On May 17, 2018, the Manitoba Court of Appeal dismissed an appeal from an insurance company’s unsuccessful application for summary judgment to dismiss a claim brought by its insured. In 3746292 Manitoba Ltd. v. Intact Insurance Co., 2018 MBCA 59, the insured was the owner of a mixed-use property in downtown Winnipeg consisting of residential apartments and commercial space. In 2010, an accidental fire caused significant damage. A dispute arose over the cost of repairs and the amount of a co-insurance penalty. The parties negotiated a...

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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...

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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....

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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...

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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...

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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....

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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:...

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