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perspectives
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How slip-and-fall lawsuit rules could change in Ontario
July 10
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@CdnUnderwriter l canadianunderwriter
What’s at the heart of today’s hardening market cycle
July 5
The story: The origin of today’s hardened market cycle is a natural evolution
of a “soft market that lasted too long,” a senior risk manager told Canadian Underwriter.
Jordan Switzer says:
The hard market has
definitely been a challenge. This is the first one I have experienced, but I feel brokers have always been selective and diligent in writing quality business and providing excellent customer service.
Could trial lawyers take a run at a 40-year-old cap on pain and suffering awards?
July 4
The story: The Supreme Court of Canada imposed a $100,000 cap on awards for pain and suffering damages in 1978.
But since then, several other measures designed to manage claims costs have been introduced, meaning the rationale for the cap may not longer be applicable, says the president of
the Ontario Trial Lawyers Association.
Exposing ICBC says:
Some interesting thoughts from Canadian Underwriter on what could make the caps on pain
and suffering awards obsolete. What do
you think, TLABC (Trial Lawyers Association of British Columbia)?
The story: If Bill 118 is passed into law in Ontario, plaintiffs would have only 10 days to give defendants’ notice of slip-and-fall claims caused by snow and ice. Currently, the timeline is two years.
Judy Bell says:
Get this passed! This has been a joke in the past. Lawyers have benefited the most and consumers are paying for it! We need to stop paying for people who don’t use their head. Don’t wear high heels in an ice storm and expect to get rich when you slip and fall!
Brenda Russell says:
I agree with Judy. If there is true negligence, the 10-day window won’t have any effect on the claimant submitting their lawsuit.
Byron Yankou says:
This bill should be passed to help curtail fraudulent slip-and-fall lawsuits. We regularly receive lawsuits just before the statute of limitations, when video footage, witnesses, and memories have disappeared.
Addison Liu says:
Please pass Bill 118. Ten days to notify the occupier is not difficult. If it happens in a mall, the closest retail store can provide info about the property management or
landlord. CCTV footage often gets erased every two weeks. There is
a better case to preserve evidence when the occupier gets the
notice in 10 days.
How diligent note-taking helped this broker defend a lawsuit
July 22
The story: When a claimant sued her insurer, the case was thrown
out because she had filed the lawsuit two years after the statute of
limitations. The claimant said her broker had “forgotten” that she had called the brokerage within the limitations period, which the brokerage denied. The court ruled in favour of the broker, who had a history of meticulous note-taking.
Rachelle Smith says:
That’s the biggest thing I’ve learned in my five years. Note as much you possibly can after a conversation with the clients! Just cover your butt.
J.Y. says:
I find it interesting and commendable that the judge in particular favoured the broker because she documented “losses which were not covered” as a sign that the broker was diligent. Every broker and every carrier should. But I don’t think this is done in practice when, at first glance, coverage appears to not be triggered.
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