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Searching Content indexed under Insurance by Borden Ladner Gervais LLP ordered by Published Date Descending.
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Mandatory Prescription Drug Insurance
Québec has a mandatory basic prescription drug insurance plan for every eligible person who is a resident of the province.
Canada
2 Oct 2017
2
Employee Deductions / Employer Contributions
Employers are required to make deductions at source from the earnings of their employees for taxes imposed under the federal and provincial income tax acts.
Canada
25 Sep 2017
3
Are Insurance Companies Ready For Autonomous Vehicles?
With the recent announcement in Ontario to allow autonomous vehicles on the road for testing, automotive manufacturers, insurance companies and others may face questions of liability — a lot earlier than anticipated.
Canada
10 Dec 2016
4
Court Takes Issue With Defence Medical Experts Who Derived Bulk Of Their Income From Defence Work
In Ontario, a plaintiff claiming damages arising from a motor vehicle accident ("MVA") must satisfy the statutory threshold in accordance with section 267.5(5) of the Insurance Act.
Canada
25 Aug 2016
5
Court Finds Agreement To Defend And Indemnify Where Insurer Appointed One Counsel To Represent Both City And Winter Maintenance Contractor
The recent Court of Appeal decision of Seidel v. Markham involved a claim where the plaintiff alleged that he had slipped and fallen on an icy sidewalk in the City of Markham.
Canada
22 Jun 2016
6
Proposed Amendments To The Credit Unions And Caisses Populaires Act, 1994 (Ontario)
The review of the legislation, which is required to occur every 5 years, received both written and oral submissions from industry stakeholders.
Canada
28 Apr 2016
7
Question Of Accidental Death Under Insurance Policy Appropriately Dealt With On Summary Judgment
The Ontario Court of Appeal has affirmed that the new fact-finding powers available to judges on summary judgment motions can allow insurers to obtain a dismissal of an executor's action...
Canada
26 Apr 2016
8
Ontario Superior Court Again Determines That The "New" Statutory Deductible Applies Retroactively In Motor Vehicle Tort Claims
The Ontario Superior Court has again determined that the statutory deductible, as enacted on August 1, 2015 by O. Reg. 221/15, applies retroactively to claims for non-pecuniary damages awarded in motor vehicle tort claims.
Canada
18 Apr 2016
9
Ontario Court Holds The New Deductible Applies Retroactively To MVA Actions
The Ontario Superior Court recently held that the deductible applicable to non-pecuniary damages in all pending MVA actions is the amount established by O. Reg. 221/15 under the Insurance Act.
Canada
11 Feb 2016
10
Insurance Changes In Saskatchewan And Manitoba
A bill that will repeal the Saskatchewan Insurance Act and replace it with modernized insurance legislation has received second reading in the Saskatchewan legislature.
Canada
15 Jan 2015
11
No Liability For Potholes
The Ontario Superior Court of Justice recently dismissed an action against the Municipality of Dutton/Dunwich for failing to maintain a gravel roadway.
Canada
2 Apr 2014
12
Plaintiff And Municipality Equally Liable For Sidewalk Trip And Fall Accident
The Ontario Superior Court of Justice recently awarded damages of over $200,000 against a municipality for a trip and fall accident on a sidewalk and applied 50% reduction for the plaintiff’s own contributory negligence.
Canada
27 Mar 2014
13
Do The New Ontario Civil Procedure Rules Concerning Experts Govern Accident Benefit Assesors?
The proper application of the new "Rules of Civil Procedure" (the Rules) on expert evidence is a matter of some controversy at the moment, reflected by the recent conflict between the decisions in "Beasley v. Barrand" (2010) and "McNeil v. Filthaut" (2011), which leaves undecided the question of whether accident benefit assessors are subject to the new Rules.
Canada
12 Sep 2011
14
Class Actions And The Insurance Industry
Class Action! The words hardly raise the spectre of asbestos, mould or historical abuse, but they are a risk that will not be legislated out of existence or solved by technology.
Canada
12 Sep 2011
15
Threshold Decision Case: "Bella Gyorffy v. Marion Drury"
This recent decision of Justice Lemon of the Ontario Superior Court, dated June 8, 2010, signals the importance of adducing evidence from lay witnesses where a plaintiff is seeking to establish that their accident related injuries meet the statutory threshold within the meaning of Bill 198.
Canada
22 Jun 2010
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