What is replacement coverage? Can replacement be with something different? These questions were recently addressed at the Court of Appeal for Ontario in the decision of Carter v. Intact Insurance Company, 2016 ONCA 917 (CanLII). In this case, the Court was tasked with interpreting the definition of replacement cost. The Plaintiffs in this case owned a property in the City of Ottawa that consisted of one, two and three storey buildings with 15 residential units and 13 commercial units. The Plaintiffs purchased replacement cost coverage from the Defendant. In March [...]
One major difference between homeowners and renters is having insurance. If you have a mortgage, having home insurance is mandatory. There is no choice. If you rent, there is a choice. As a renter, you have a choice to buy what is called “Tenants Insurance”. You should strongly consider buying it for a couple reasons. Your landlord’s insurance policy doesn’t cover your possessions. If there is a fire or a water leak or a theft, your landlord will get insurance funds to pay for the losses to their building. All [...]
A B.C. Court has ruled that Arland Bruce, a former CFL player cannot proceed with his concussion lawsuit against the league. Bruce alleged that after suffering a concussion he was allowed to return to play despite suffering ongoing symptoms. The Court has ruled that the dispute between Bruce and the CFL is subject to a collective bargaining agreement and must be resolved through the arbitration process, not the Courts. Click here to read more.
New Licence Appeal Tribunal (LAT) Rules of Practice and Procedure, Version 1 come into force on April 1st
The new Licence Appeal Tribunal (LAT) Rules of Practice and Procedure, Version 1 have been released and will come into force on April 1, 2016. These are the new rules which govern disputes arising from the Statutory Accident Benefits Schedule (SABS) – the no-fault benefit regime for car accidents in Ontario. These rules will replace the current system at the Financial Services Commission of Ontario (FSCO) The new Forms and Rules can be found here: http://www.slasto.gov.on.ca/en/AABS/Pages/News.aspx?utm_content=buffercf76b&utm_medium=social&utm_source=linkedin.com&utm_campaign=buffer
Airbnb provides a marketplace for service providers and service users. Lodging is their service. Airbnb has created an insurance product that, while not perfect, provides significant comfort to homeowners, renters, hosts and guests alike. The Host Protection Insurance Programme IS an insurance product. It covers liability of the homeowner in case a guest is injured. The Airbnb Host Guarantee covers the host if a guest damages the house. (If you rent out your house, you normal home insurance will probably not cover damage intentionally caused by a guest). If a [...]
The word floodgate is used a lot. In thinking about its origins it basically means the following: a barrier is opened and millions of gallons of water come crashing out, smashing their way through anything in its path. Imagine Godzilla stepping on an ant. In other words, if you know the floodgate is going to open, make sure you're not on the wrong side. Considering I have now committed the cardinal sin of too much punnery, I'll make it simple: If strangers pay you to drive them places, you are operating a [...]
The recent decision of Mills v Minto Developments Inc., 2015 ONSC 5753 (CanLII) is an excellent example of how expensive our civil litigation system is in Ontario. And keep in mind that the hourly rates used are much lower than are actually billed to the clients in major cities. This is a decision where the plaintiff was wholly unsuccessful. The case says that sophisticated parties who get into litigation know the costs consequences. The case involved a flood in a building and who was responsible for it. The damages for the [...]
Self-driving cars on Ontario roads this January? Ari Singer of Singer Kwinter speaks with CityNews Toronto.
Click here to read the full story. Questions and answers from Ari Singer's interview with CityNews Toronto on October 13, 2015: "Q: Who is liable in case of an accident or crash (regarding an autonomous vehicle) A: Under present legislation (Highway Traffic Act), the owner of a vehicle is always responsible for an accident, unless a car is driven without their consent. In addition, manufacturers can also be responsible if the crash is caused by defective equipment (i.e. breaks fail). With self-driving cars, it’s likely that manufacturer liability will be [...]
Fernandes v. Araujo, 2015 ONCA 571 The Ontario Court of Appeal just clarified the law with respect to the vicarious liability attributed to motor vehicle owners who by consent allow another to possess their vehicle. The issue in this case surrounded the interpretation of s. 192(2) of the Highway Traffic Act, which states that, a vehicle owner is liable for the negligent behavior of a vehicle’s operator if the operator’s possession has been consented to. The Court of Appeal, recognizing conflict within the case law, reviewed various precedents cited by [...]
Be aware of your liability and obligations while at the cottage – tips on how to have a safe and fun summer.
Ari J. Singer provides insightful tips related to cottage safety in Ontario. To read the full article by kawarthNOW! click here. General Liability The content of this article is of a general nature and does not constitute legal advice. It is not intended to be a full or complete analysis of the topic. Before applying the concepts or any content of this article, consult your legal advisor. Neither the author of this article or Singer Kwinter can accept any responsibility for financial loss nor gain of any nature should the reader not take [...]