Manulife’s human right’s violation costs employer.

On March 19, 2019, the Human Rights Tribunal of Ontario found that Manulife’s handling of a disability claim was “significantly flawed” (para. 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. Since 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 evidence showed that Ms. Knight was...

read more

$600,000 death benefit to be paid even though replacement policy was void.

On November 22, 2018, the Alberta Court of Queen’s Bench ordered an insurance company to pay 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 insurance policy in 1994. In...

read more

Insurer 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 settlement, and the insured...

read more

Drunk teenager injured in stolen car cannot sue garage.

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 were found liable for J.J.’s injuries,...

read more

Manulife ordered to pay LTD benefits 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. MacIvor, who worked at Pitney Bowes at the...

read more

ICBC punished with 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 indemnify this fee as a...

read more