Legal Blog

01 May 2018

Insurer Must Pay Fire Damages to Homeowner Despite Evidence of Arson

by Andrew Moss

Apostolidis v. Canadian Northern Shield Insurance Co., 2018 BCSC 481

The 78-year-old widower Plaintiff owned a large home in Kelowna that he insured with Canadian Northern Shield Insurance (hereafter “CNS”). The Plaintiff was away overnight at a Casino when the house fire occurred. The plaintiff swore a proof of loss in respect of the damage to the house, claiming $425,000. CNS denied the Plaintiff’s claim. CNS alleged the Plaintiff, or...

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01 May 2018

Court Orders Insurer to Pay Huge Costs Award for Mounting an Unreasonable Defence

by Andrew Moss

Persampieri v. Hobbs, 2018 ONSC 368

In 2009, the Plaintiff, 84-year-old Maria Persampieri, was a passenger in a motor vehicle that was rear-ended. The Plaintiff brought an action against the Defendants for damages. Defendants’ counsel gave the Plaintiff two options: withdraw the action on a without costs basis or proceed to trial.

At the mandatory pre-trial mediation, the Defendants admitted liability in exchange for the Plaintiff limiting...

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01 May 2018

New Brunswick Court of Appeal Denies Plaintiff’s Claim for Cost of Medical Marijuana

by Andrew Moss

Despres v. MacDonald Crane Service Ltd. et al., 2018 NBCA 13

The Plaintiff, Robert Despres, was injured in a workplace accident in September 2009 when his hand was crushed between a crane bucket and a building. As a result of the accident, the Plaintiff suffered pain and discomfort in his right thumb and hand. This evolved into Chronic Regional Pain Syndrome (hereafter “CRPS”).

The Plaintiff’s pre-accident medical history consisted of...

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03 Apr 2018

Section B Benefits are Deductible From all Heads of Damages.

by Admin

Bent v MacFarlane, 2018 NBCA 17

In March 2010 Monica Bent was injured in a motor vehicle accident whereby she suffered various injuries. By the date of trial, she was in receipt of Canada Pension Plan Disability benefits and Section B weekly indemnity benefits as a result of her injuries and pre-existing multiple sclerosis.

At trial, the Plaintiff put forward a claim in excess of $550,000, a large percentage of which was for loss of...

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03 Apr 2018

Ontario Court of Appeal Disallows Insurer’s Subrogation of Bankrupt

by Admin

Douglas v Stan Fergusson Fuels Ltd., 2018 ONCA 192

The Ontario Court of Appeal this month overturned an earlier appeal ruling in a case involving an insurer’s right to subrogate a claim in the name of an undischarged bankrupt. In January 2008, Stan Fergusson Fuels Ltd. delivered more than 600 litres of fuel oil to an outdoor tank at the home of Art and Wendy Douglas. Somehow the entire shipment of oil escaped and contaminated the Douglas’...

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