Heather Vaughan

(416) 977-9777 hvaughan@bensonpercival.com

Ensure your insurance policies are up to date during the pandemic

By LegalMatters Staff • The impact of coronavirus shutdown had led to many questions – whether you’re properly insured shouldn’t be one of them, says Toronto insurance lawyer Heather Vaughan. Vaughan, partner with Benson Percival Brown LLP, specializes in insurance claims and she encounters many different situations in her practice. With much of Canada at […]

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Broker met duty of care, can’t be an ‘expert in all things’

A recent decision dealing with a commercial building destroyed by fire clarifies the standard of care owed by an insurance broker when providing coverage to a client, Toronto insurance defence lawyer Heather Vaughan says. “It is an interesting case because the court confirmed there are stringent duties on the broker — but not for every

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Documentation vital in defending winter liability claims

Property companies need to have systems in place to demonstrate they are prepared for winter safety hazards in case a mishap leads to a personal injury claim, Toronto insurance defence lawyer Heather Vaughan says. “Property owners should have a risk-management system that contemplates fluctuating weather conditions, including maintaining cleaning systems inside their premises and snow

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Good records key to liability defence

A recent decision shows the value of good record-keeping for businesses that use professional cleaners, says Toronto insurance defence lawyer Heather Vaughan. In the case, an Ontario Superior Court judge found the property managers of a department store liable for the injuries suffered by a customer under the province’s Occupiers’ Liability Act, ordering them to

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Liability coverage for negligent parent claims narrowed by appeal court

A recent Ontario Court of Appeal (OCA) decision helps clarify when insurance companies are liable in parental negligence cases, Toronto insurance defence lawyer Heather Vaughan tells Law Times. Vaughan, a partner with Benson Percival Brown LLP, says the decision is an important one. “This is a very significant case because it closes off another avenue

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Proposed auto insurance changes for Ontario a good start

Proposed changes to regulations governing Ontario’s auto insurance are welcome, even though it’s not clear if they will be extensive enough, says insurance defence lawyer Heather Vaughan. “The goals of lowering costs, making the market more competitive, increasing choice and streamlining the process are really good objectives, but we will have to wait and see

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Accident benefits awarded despite illegal, dangerous activity

A recent court decision expands the scope of accident benefits coverage, says Toronto insurance defence lawyer Heather Vaughan. The Divisional Court case upheld a Licence Appeal Tribunal adjudicator’s decision to award accident benefits to a woman who hit her head on concrete during a “car surfing” accident. The unanimous three-judge panel found the adjudicator was

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Lawyers should always engage in effective discovery planning

A recent Ontario Superior Court decision is a helpful reminder to lawyers that they should be engaging in effective discovery planning, says Toronto insurance defence lawyer Heather Vaughan. “Discovery plans have been in place as part of the Rules of Civil Procedure since 2010,” says Vaughan, a partner with Benson Percival Brown LLP. “While reforms

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Party hosts escape liability for guest’s fall

A recent decision shows homeowners shouldn’t be treated like insurance companies when a person injures themselves on their property, says Toronto insurance defence lawyer Heather Vaughan. In the case, a three-judge panel of the Ontario Divisional Court overturned a decision that found the hosts of a 90th birthday celebration 65 per cent liable for injuries

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