Legal Blog

30 Jan 2014

Same Loss, Different Parties: Who Controls the Court?

by Admin

Raso v. Home Depot of Canada Inc., 2013 NLTD 153

Who will control a court case when both the insurer and the insured have valid claims for losses caused by the same defendant arising out of the same incident? In this case, the Courts in Newfoundland decided in favour of the insurer.

Frank and Thelma Raso had leaks in their roof which was installed by Home Depot. They made a claim under their insurance policy with The Dominion of Canada...

Read More
27 Aug 2013

The Non-Delegable Duty of Care

by Admin

We explore a new case from the United Kingdom that may in time bring a new form of tortious liability to public organizations in Canada, like hospital operators, educators, and Social Service providers. Under the 'non-delegable duty of care', these organizations could become directly liable for the negligent acts of independent contractors carrying out their key functions.

In Woodland v. Essex County Council [2013] UKSC 66, the Supreme...

Read More
26 Aug 2013

Insureds Entitled to Fire Loss Insurance Benefits Despite Leaving Home “Vacant”

by Admin

When is a home deemed 'vacant' under an insurance policy? When is it that the owners are merely occupying it in a reduced fashion and an insurer remains liable to pay out insured losses? The British Columbia Court of Appeal turned their minds to this question this recent decision.

In this case, the Plaintiffs were two friends who owned a home jointly in Surrey, British Columbia. The home was insured under a homeowners policy issued by the...

Read More
26 Aug 2013

Changes Coming to Motor Vehicle Insurance on PEI

by Admin

The Canadian Broadcasting Corporation is reporting that changes are coming to the Prince Edward Island automobile insurance benefits, so that these benefits will fall in line with what is offered in the other two Maritime provinces.

The proposed changes would lift the $2,500 minor injury cap to $7,500, along with changes to the definition of what constitutes a minor injury. Changes are also anticipated to a number of no-fault insurance...

Read More