Legal Blog

01 Feb 2021

Life insurer brings summary judgment motion on the basis that the insured had misrepresented

Kulp Estate v. Cumis Life Insurance 2019 ONSC 7495

This summary judgment motion was brought by the defendant insurer on the basis that there was no genuine issue requiring a trial. It was the insurer’s position that the single issue in the action was whether the insurer was entitled to rescind the deceased insured’s life insurance policy on the basis that he misrepresented material facts regarding his diabetes on a supplementary health...

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01 Feb 2021

Can a home inspector be found liable for more damages than his inspection fee?

Smith v. Asaff, 2021 NSSC 16

On February 26, 2009, the Plaintiff, Michael Smith hired T.E. Gordon Home Inspections Inc. to conduct a home inspection prior to purchasing a home from co-defendants Ab Mason Asaff and Doreen Asaff. The property inspector provided the Plaintiff with an Inspection Agreement at the property on the date of the inspection. This Inspection Agreement had the following clauses:

T.E. Gordon Home Inspections Inc. agrees...

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30 Nov 2020

Newly purchased bus found to be insured, despite commercial fleet insurer not being put on notice.

P.K. Construction Ltd v. Aviva Insurance, 2020 NSSC 209

On May 7, 2016, the Plaintiff PK Construction bought a 1997 Bluebird bus. It was purchased by the Plaintiff business to transport workers to job sites and was bought to replace a Ford Cutaway Van that had previously been used by the business to transport tools and workers.


However, the new Bluebird bus was different from the Ford Cutaway Van in that it was bigger than the previously...

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30 Nov 2020

Summary Judgment denied to Plaintiff in “left hand turn” claim

Rushton v. Estate of Ian MacKay, 2020 NBQB 216

On August 3, 2010 the Plaintiff Craig Rushton was travelling due west along Highway 3 near Harvey, New Brunswick. Meantime, the Defendant was travelling in the opposite direction. The Defendant turned left into the Harvey Irving gas station crossing the Plaintiff’s lane of travel. The two vehicles collided, either in the Plaintiff’s lane of travel or in the nearby gas station parking lot.

...

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