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McCague Borlak’s Christmas in January

February 1, 2011 by Claims Canada

McCague Borlak LLP welcomed in the New Year by hosting industry guests for their annual ‘Christmas in January‘ traditional reception of cocktails and hors d’oeuvres, as well as a chance to tour their newly renovated office space at 130 King

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Feature Legal

Privacy Commissioner reaches impasse with SGI over collection of health information under province’s Insurance Act

February 1, 2011 by Claims Canada

The Office of the Information and Privacy Commissioner in Saskatchewan says it has reached an impasse with Saskatchewan Government Insurance (SGI) over three ‘breach of privacy’ complaints related to the collection of personal health information under the Automobile Accident Insurance

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Syndrome Versus Injury

February 1, 2011 Laura Kupcis

Both whiplash syndrome and whiplash injury cause pain to the injured party, but only one presents with a physical cause

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Feature Legal

Change in occupation test not enough to overturn arbitrator’s order to pay IRB benefits

February 1, 2011 by Claims Canada

A change in the occupation test for determining Income Replacement Benefits (IRB) before and after a 104-week period of disability is not necessarily enough of a “change” of circumstances to warrant overturning an arbitrator’s order to pay IRB benefits. Ontario’s

Gregory Clooney
Feature Legal

A Year of Firsts

February 1, 2011 J. Gregory Clooney and Sheree L. Conlon

2009-2010 marked a series of “firsts” in Atlantic Canada, particularly in Nova Scotia, as several legal issues were addressed before the court for the first time.

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DNA testing at the top of MPI’s list of top five frauds in 2010

February 1, 2011 by Claims Canada

DNA testing, CSI-style, ferreted out a fraud scheme in which a Manitoba driver vehemently denied crashing his car, causing his airbag to deploy. The attempted fraud made the top of Manitoba Public Insurance (MPI)’s top five frauds of 2010. The

Christopher Dunn
Feature Legal

10 Coverage Decisions from 2010 That You Ought To Know About

February 1, 2011 Christopher Dunn

It was a relatively busy year in Canadian courts for insurers. While all was relatively quiet on the Supreme Court of Canada front, with the exception of release of the much-anticipated decision in Progressive Homes v. Lombard, the Ontario Court

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Feature Markets / Coverages

Nova Scotia projects 17 per cent claims cost increase from tripling auto injury cap

February 1, 2011 by Claims Canada

The Nova Scotia Utility and Review Board says the province’s decision to triple its minor auto injury cap from $2,500 to $7,500 will result in a 17 per cent increase in third party liability-bodily injury claims costs, and the industry-wide

Michael Sigsworth
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Analyzing Weaknesses in Income Loss Reports

February 1, 2011 Michael Sigsworth and Darrell Sherman

Insurers and plaintiff lawyers call upon forensic accountants to provide expert reports, which set out the income loss suffered by individuals as a result of injuries sustained in an accident. There are many factors involved in preparing these reports and

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Feature Legal

ICBC loses appeal in hit-and-run case

February 1, 2011 by Claims Canada

The Insurance Corporation of British Columbia (ICBC) has lost its bid to appeal a case in which a gas station owner was injured after a customer filled up her car with gas and attempted to drive away without paying. Parminder

Christa Brothers
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Minor Injury Caps

February 1, 2011 Christa M. Brothers and Joseph A. Chedrawe

Early cases offer some guidance as to when a claim will fall within the cap in Nova Scotia, Alberta, New Brunswick and Prince Edward Island.

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Feature Legal

Nova Scotia has right to recover nursing home costs against insurer in an auto accident case

February 1, 2011 by Claims Canada

Nova Scotia’s Department of Health does have a subrogated right to claim against an insurer for nursing home costs arising from injuries sustained in a motor vehicle accident, according to the Supreme Court of Nova Scotia. In Slauenwhite v. Keizer,