Law360 Canada ( October 20, 2025, 10:13 AM EDT) -- Appeal by appellant from trial judge’s decision dismissing his claim. The appellant was seriously injured in a car accident. The driver was at fault and had only basic third-party liability coverage which was to cover claims in relation to the other vehicle as well as the appellant’s claim. The most significant source for the appellant’s recovery of damages was the underinsured motorist protection (UMP) coverage. Unfortunately, it was insufficient, and he attributed this to negligence on the part of his insurance broker, Westland Insurance Group Ltd. (Westland). The appellant argued that if he was properly counselled about the benefits and costs of this excess UMP coverage and understood that he could get an extra $1 million in coverage for just $25, he would certainly have bought it. The fact that he did not, he asserted, demonstrated that it was not offered and was not sufficiently explained to him, indicating negligence on the part of the agent. The appellant claimed damages in the amount of $1 million, reflecting the amount of additional compensation he claimed he would have received if he purchased the excess UMP coverage. The judge dismissed the claim, finding that the appellant failed to establish that Westland breached its duty of care, and that it caused the appellant’s losses in fact or in law. The appellant submitted that the judge erred by misstating and misapplying the legal test governing the standard of care for an insurance broker, and by failing to consider relevant facts he found when applying the modified objective/subjective test governing the causation analysis....