Legal Blog

03 Jul 2018

TD denied order to have Intact pay equal share of indemnity for boating accident

by Admin

TD General Insurance Company v. Intact Insurance Company (2018) ONSC 2352

On July 17, 2016, Melissa Shawbonquit was a passenger on a boat piloted by Matthew Latendre and owned by Lawrence Latendre. Ms. Shawbonquit commenced a claim against Matthew after he allegedly lost control of the boat, colliding with the shoreline and causing her injuries.

At the time of the accident, Lawrence Latendre had a homeowner’s policy with TD but Matthew was...

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03 Jul 2018

Irrevocable beneficiary must consent before being removed from life insurance policy

by Admin

Pilon v. Beute, et al 2018 ONSC 2806

On April 1, 2001, Mr. Foster started a job with McGonegal Construction as a bricklayer. As part of his employment, Mr. Foster was entitled to participate in a group insurance plan that was issued by the Great West Life Assurance Company.

Mr. Foster named Tracey Pilon, his common- law partner, as his irrevocable beneficiary. The insurance form stated that Mr. Foster was not allowed to make changes to the...

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03 Jul 2018

Policy exclusion bars claim brought by child for personal injuries

by Admin

Kayter v Personal Insurance Company, 2018 NSSC 79

When Tommy Kayter was three years old his mother accidentally injured him with a ride-on lawnmower, resulting in part of his foot being amputated. Shortly after the accident, Tommy’s father submitted a claim under his home insurance policy with the Personal Insurance Company.

The Personal Insurance Company denied the claim due to an exclusion within the homeowner’s policy. The policy states...

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01 Jun 2018

Commercial parking garage does not owe a duty of care to teens who stole and crashed car

by Admin

Rankin (Rankin’s Garage & Sales) v. J.J., 2018 SCC 19

J and C were both minors and were drinking alcohol and smoking marijuana at C’s mother’s home. Sometime after midnight they left C’s mother’s home intending to steal valuables from unlocked cars. They entered an unsecure commercial car garage and checked for unlocked cars. C found an unlocked car and found the keys in the ashtray.  C did not have his license and had never driven on the...

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01 Jun 2018

Judge reduces costs awarded for damages because Plaintiff failed to mitigate her losses

by Admin

Ryan v. Curlew, 2018 NLSC 72

On January 11, 2010, Rosemary Ryan was driving her daughter’s car with her daughter as a passenger along Pitts Memorial Drive in Newfoundland. She moved to the left lane to allow room for traffic merging onto the highway when she was struck on her right side and then on her right rear bumper by Bernice Curlew’s vehicle. The court found that Ms. Curlew had been negligent when she collided with the Plaintiff.

Ms....

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