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Legal Blog

05 Jan 2021

When there are two applicable insurance policies, who has a duty to pay defence costs?

by Médérik Menard

Markham (City) v. AIG Insurance Co. of Canada 2020 ONCA 239.

A young boy, watching his brother’s hockey game at the community centre was injured when a hockey puck flew in his face.  The City and Hockey Canada were sued and they each cross-claimed against one another.  The City was insured by Lloyd’s Underwriters under a commercial general liability policy with a policy limit of $5 million. 

Lloyd’s policy wording indicated it would apply...

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05 Jan 2021

Insured’s excessive speed alone does not constitute “race” or “speed test”

by Médérik Menard

Vyas v. Brown, 2020 ONSC 4916


The insured was driving on highway 400 in Ontario at a speed between 198 – 215 km per hour when he struck another vehicle, injuring the passengers in the other vehicle.  The insured was charged and pled guilty to dangerous driving causing death. The insurer applied summarily for a declaration that the insured was in violation of his policy that prohibited the use of an automobile in a “race” of a “speed...

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05 Jan 2021

When insurance policy’s French version is different than its English version

by Médérik Menard

Chiasson v. Intact Insurance Co., 2020 NBCA 37

The insurer, Intact Insurance Co., issued a Homeowners Broad Form policy to the insureds, whose son was also an insured under the policy.


The son was involved in an altercation at a club where he was celebrating his graduation from high school. The altercation resulted in injuries to a third party. The injured party brought an action against the son and his parents, as well as other...

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30 Nov 2020

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

by Matthew Pearn

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

by Matthew Pearn

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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