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Fire insurance decision could be bad news for developers

An Ontario decision on replacement cost coverage could mean bad news for B.C. developers, says Vancouver insurance lawyer Sean Lerner . In Carter v. Intact Insurance ... Read more

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Costs award against insurance company good news for B.C. insureds

A Supreme Court of British Columbia award of full costs against an insurance company which refused coverage is a stride forward for policyholders and access to justice, says ... Read more

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University student's drinking death a 'liability wake-up call'

A lawsuit filed against Dalhousie University in Halifax after a 19-year-old student died from alcohol poisoning in residence is a wake-up call to all institutions to review their ... Read more

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Coverage available to engineer where delay caused by negligence

By Michael Lesage Recently, the Court of Appeal ruled that  insurance coverage  was available to a professional engineer who was liable for delay damages, where ... Read more

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SCC takes 'practical approach' to interpreting standard form contracts

Toronto litigator Isabelle Eckler says a recent Supreme Court of Canada decision regarding an exclusion clause in a standard form contract took a very practical approach that ... Read more

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Compelling new technologies 'invite' distracted driving

With the constant arrival of new consumer technologies, it is becoming more and more difficult for Canadians to resist the temptation to play with their smartwatch ... Read more

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Insurance dispute headed to the British Columbia Court of Appeal

Vancouver insurance and personal injury lawyer Sean Lerner says a case heading to the British Columbia Court of Appeal (BCCA) in the new year could have big implications ... Read more

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OCA decision will have little impact on insurers' E&O coverage

Toronto litigator Natalie Leon says a recent Court of Appeal case, which dealt with the professional liability insurance coverage of an engineer, is limited in its scope and ... Read more

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Homeowner’s insurance in Ontario explained

By Michael Lesage At the most basic level, a homeowner’s insurance policy is intended to protect an insured homeowner against unexpected loss. However, as anyone who ... Read more

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Sean Lerner's broad insurance experience a boon for clients

Vancouver insurance and personal injury lawyer Sean Lerner is ideally suited to assist policyholders who are having trouble dealing with their insurance companies after a loss ... Read more

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Limitations extended where dentist denied fault, continued work

By Michael Lesage In  Chelli-Greco v. Rizk , 2016 ONCA 489, the Court of Appeal upheld a judge’s ruling that Cheli-Greco’s claim was not discovered until ... Read more

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Online evidence only a snapshot in personal injury dispute

Although the surveillance methods used in personal injury cases have become more high-tech in recent years, the type of evidence investigators are seeking about plaintiffs ... Read more

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Natalie Leon revels in unique files, collegial environment

For Toronto civil litigator Natalie Leon , what has driven her practice at the same firm for more than two decades is the variety of files and her passionate and ... Read more

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Continued medical treatment triggers discoverability principle

By Michael Lesage In a significant decision, the Court of Appeal held that the limitations period was tolled (or that the discoverability principle applied) where a patient ... Read more

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Lesson to be learned in limitations malpractice

An Ontario Court of Appeal decision which allows a Toronto couple’s case against their former lawyer to proceed for failing to file an injury claim within the time limit is ... Read more

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$1.3 million reasons not to trust an insurance denial

By Michael Lesage When D.C. required an expensive drug (Soliris – costing around $25,000 per month) she turned to her group benefits carrier, Industrial Alliance (IA) ... Read more

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Interest in referral agreements likely unaffected by ruling

A recent ruling that found that a law firm was not vicariously liable for the alleged actions of an affiliated counsel is important, considering the popularity of ... Read more

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Judgment obtained after having defendant’s defences struck

By Michael Lesage Recently, I was successful in obtaining default judgment for my client after having the defendant’s defences stricken. In commercial litigation that ... Read more

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NB doctors may seek new liability coverage after CMPA ruling

New Brunswick doctors may be looking for a new liability insurer after a judge ruled the Canadian Medical Protective Association (CMPA) is not an insurer under provincial ... Read more

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BIID could raise LTD coverage questions

Although insurers have not likely considered unusual mental health conditions such as Body Integrity Identity Disorder (BIID) when drafting exclusions from coverage, the actions ... Read more

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