Cameron v. Pratt, 2023 NSCA 90  Reading Time: 4 Minutes (approx.)  By: Alexandre Doucet (Articled Clerk)  On August 3, 2017, Robert Pratt (Plaintiff in the underlying matter, Respondent in the appeal) was travelling on Brunswick Street in Truro, Nova Scotia on his motorcycle. David Cameron was parked along the shoulder of the road in a...Read More

Jakupovic v Intact Insurance Company, 2023 CanLii 122890 (CANLAT)  Reading Time: 3 minutes (approx.)  By: Krista Nasartschuk (Articled Clerk)  The Ontario License Appeal Tribunal has determined that notification of a motor vehicle accident does not equate to a notification of injury for the purposes of applying for statutory accident benefits.  Hussein Jakupovic, the Applicant, was...Read More

Allstate Insurance Company of Canada v Stephen Robb, 2023 NBKB 212 (CanLII) Reading time: 3 minutes (approx.) By: Weston McArthur The Applicant, Allstate Insurance Company, brought an application for the appointment of an umpire pursuant to section 107(5) of the New Brunswick Insurance Act. The Respondent, Stephen Robb, opposed the application on two grounds. Justice...Read More

S.E.C. v. M.P., 2023 ONCA 821 (CanLII) Reading time: 4 minutes (approx.) By: Alexandre Doucet (Articled Clerk) This appeal concerns the scope and limit of judicial discretion to approve settlements involving parties under a legal disability like a minor. This appeal concerned two separate motions. In each, the motion judge approved a settlement under Rule...Read More

Halifax Regional Municipality v Tirrell Shane Carvery and Andrea MacNevin, 2023 NSCA 79 Reading time: 3 minutes (approx.) By: Krista Nasartschuk (Articled Clerk) The Nova Scotia Court of Appeal has strengthened the test for disallowance of a limitations defence. In April 2017, Plaintiff Carvery suffered personal injuries while exiting a Metro Transit bus in Halifax,...Read More

Furtado v. Lloyd’s Underwriters, 2023 ONSC 5803 Reading time: 3.5 minutes (approx.) By: Alexandre Doucet (Articled Clerk) The applicant, a director of a real estate development firm known as Go-To Developments Holdings Inc. (“Go-To”), had a Director and Officer Liability policy through Lloyd’s Underwriters (“Lloyd’s”) covering the period from October 6, 2018, to October 25,...Read More

ALC v. Bergmark Guimond et al., 2023 PESC 48 Reading time: 4 minutes (approx.) By: Alexandre Doucet (Articled Clerk) In this motion for summary judgement the defendants, F&S Holdings Inc. (“F&S”) and Bergmark Guimond Hamarlund Jones Inc. (“Bergmark”), sought dismissal of a claim filed by the plaintiff, Atlantic Lottery Corporation inc. (“ALC”). The third parties,...Read More

Trillium Mutual Insurance Company v. Emond, 2023 ONCA 729 Reading time: 4 minutes (approx.) By: Krista Nasartschuk (Articled Clerk) In 2022, we featured an article on the case of Emond v. Trillium Mutual Insurance Company, 2022 ONSC 5519. This matter has now been successfully appealed by Trillium Mutual Insurance Company (“Trillium). Thank you to Jaime...Read More

William Frank Ralph O/A Motorwerks et al. v. The Manitoba Public Insurance Corporation, 2023 MBKB 116 Reading time: 5 minutes (approx.) By: Alexandre Doucet (Articled Clerk) Mr. and Ms. Ralph (the Plaintiffs) owned a 2009 Dodge Ram truck which was damaged in a tornado in a rural area of Manitoba in August 2018. Mr. Ralph...Read More

Wiener Stadtische Versicherung AFG v. Infrassure Ltd., 2023 ONSC 5256 Reading time: 4 minutes (approx.) By: Alexandre Doucet (Articled Clerk) On February 6, 2011, a failure occurred in the north-east “tap block” in flash furnace 2 at the Vale Limited smelter in Sudbury, Ontario. That failure then led to a run-out of molten matte (a...Read More