Legal Blog

01 Jul 2019

Adult daughter who lived with mother and paid rent, considered tenant under homeowners policy

by Admin

Traders General Insurance Co. v. Gibson, [2019] O.J. No. 1261, 2019 ONSC 1599

Betty Gibson lived with her mother Elizabeth all of her life with the exception of a 10-month period when she moved to Kingston, Ontario as a young adult in the 1970s. After high school, Betty started paying $200 in rent per month to her mother. This eventually increased to $400 per month. Betty also helped around the house with chores.

On March 31, 2014, Betty...

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01 Jul 2019

Court finds that egg thrown from vehicle was loss caused by an unidentified motorist

by Admin

Gilbraith v. Intact Insurance Co., [2019] O.J. No. 1523, 2019 ONSC 1875

Stephanie Gilbraith was walking on a sidewalk when the front passenger in a passing motor vehicle threw an egg that hit her in the eye resulting in permanent damage to her eye. The vehicle, driver and passenger were never identified or located.

Stephanie commenced a claim against Intact insurance, her father’s automobile insurer seeking indemnity for her damages in...

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01 Jul 2019

Taxi driver granted summary judgment in claim for damages caused by stolen vehicle.

by Admin

Richard v. Manuel et al, 2019 NBQB 79

On the evening of March 31st, 2017 Mr. Gorman was driving for Gorman’s Taxi. He noticed that the wheels of his taxi were quite muddy and decided to bring his car back to his garage to wash it. After washing the car, he opened the garage door and backed his vehicle outside. He shut off the ignition but left the keys in it while he walked over to close the garage door and lock the door on the side of the...

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02 Jun 2019

Top Court Denies Leave to Appeal Decision on Coverage for Historic Abuse Cases.

by Matthew Pearn

Aviva Insurance Company of Canada v Évêque Catholique Romain de Bathurst, [2018] S.C.C.A. No. 525 (On appeal from New Brunswick, case 2018 NBCA 64)

This case arose in response to a series of individual claims brought by the victims of sexual abuse perpetrated by priests in the Diocese of Bathurst from the late 1950s to early 1980s. Claims were brought against the Diocese after the criminal conviction of two priests.

The Diocese's insurer,...

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02 Jun 2019

Seasonal Worker Not Entitled to Section B Benefits

by Matthew Pearn

Temple v. Aviva Insurance Company of Canada, 2019 NLSC 80

Paul Temple, a passenger in a vehicle insured by Aviva, sustained injuries as a result of a motor vehicle accident on April 22, 2012.

Mr. Temple was not actively working at the date of the accident, however he had been working seasonally on different fishing vessels for several years prior to the accident. Mr. Temple made a claim for Section B weekly indemnity benefits from Aviva.... Read More