Legal Blog

02 Sep 2019

Can Negligent Parenting be Covered by a Motor Vehicle Policy?

by Catherine McLatchie

Hunt v Peel Mutual Insurance Company, 2019 ONCA 656

Amealia Hunt sued her father, Bradley Hunt, for negligent parenting for permitting her to be transported in a motor vehicle of an impaired driver, a vehicle that Mr. Hunt was also an occupant.

Amealia was a minor when she suffered injuries as a passenger in a motor vehicle collision on July 20, 2014. The vehicle was owned and operated by Mr. Hunt’s girlfriend, Tammy-Lynn Dingman. Ms....

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02 Sep 2019

Court Clarifies What Constitutes “Living in the Same Household” Under a Home Insurance Policy

by Catherine McLatchie

Ferro v Weiner, 2019 ONCA 55

Enid Weiner owned a home on Lake Eugenia which was her primary residence until she moved into a nursing home in 2008. After which, she and her three adult children and their families continued to use the home as a vacation cottage.

The cottage was covered by an Intact Insurance policy in which Enid was listed as the sole owner and named insured. The policy provided coverage for all of Enid’s relatives while...

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02 Sep 2019

Likelihood that Someone Will Be Held Liable at Trial is Not Sufficient for Granting Advance Damages

by Catherine McLatchie

Fougere v Campbell, 2019 NBQB 171

The Plaintiff, Ina Fougere, brought a motion pursuant to section 265.6 of the Insurance Act, RSNB 1973, c. I-12, seeking an advance payment of special damages. This matter involved a motor vehicle collision which occurred on August 28, 2017.

The Plaintiff was a passenger in a Codiac Transpo bus owned by the Defendant, The City of Moncton and operated by the Defendant, Marc LeBlanc. The bus collided with a...

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31 Jul 2019

City of Calgary liable for assault victim’s injuries because security was inadequate

by Admin

McAllister v. Calgary (City), 2019 ABCA 214

The City of Calgary owns and operates a light rail transit service, commonly referred to as the “C-Train”.  In the early hours of the morning on January 1, 2007, Kyle McAllister and a female friend were walking on a pedestrian overpass that connects a parkade to the train station.  Suddenly, and without provocation, a group of teenagers brutally attacked Mr. McAllister.  The teens knocked Mr....

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31 Jul 2019

Parking lot owner not liable for taxi-driver’s injuries

by Admin

Babin v. C.J.M. Dieppe Investments Ltd. and TG 378 Gauvin Ltd. and Sood, 2019 NBCA 44

In the early hours of April 18, 2014, while looking for his passenger located at 378 Gauvin Road in Dieppe, taxi driver Deepak Sood mistakenly drove into the parking lot of neighbouring 388 Gauvin Road. From there, instead of returning to the street to enter the driveway of 378 Gauvin Road, Mr. Sood drove over a grassy, sloped embankment separating the two...

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