Legal Blog

01 Jun 2017

Punitive Damages awarded against insurer for denying coverage in fire loss

by Erika Hachey

J.I.L.M. Enterprises & Investments Limited v. INTACT Insurance, 2017 ONSC 357

This case stands as a warning to insurers who maintain a denial of insurance benefits on suspicion of arson after no persuasive evidence is led by police or other investigators proving this to be likely.

Here, punitive damages were awarded in the context of a fire loss claim where the insurer took over three years to pay the insured.  As you may recall, the...

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01 Jun 2017

CMPA shielded from liability for medical doctor’s sexual assault

by Erika Hachey

Shannon v. Canadian Medical Protective Association, 2017 NBCA 17

In a follow up to our February 2016 Newsletter, the New Brunswick Court of Appeal ruled on whether the Canadian Medical Protective Association (CMPA) has an obligation to indemnify a former physician for a civil claim for damages arising from a sexual assault. Most interesting was the conclusion by the Motion Judge ruling that the CMPA was not an ‘insurer’ of physicians.

The...

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01 Jun 2017

CPP benefits remain deductible from loss of future earnings

by Erika Hachey

Tibbetts v Murphy, 2017 NSCA 35

In this decision, the Nova Scotia Court of Appeal determined that past CPP disability benefits remain deductible from a Plaintiff’s award for lost earning capacity.

The plaintiff, Shirley Tibbetts, was injured following a motorcycle-vehicle collision in Antigonish County, Nova Scotia. At trial, it was held that past CPP disability benefits were received on account of the plaintiff’s lost earning capacity,...

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01 May 2017

Personal Injury Claim ‘Capped’ By Minor Injury Regulations

by Erika Hachey

Warnell v. Cumby, 2017 NSSC 88

The plaintiffs, Jamie and Deborah Warnell, both sustained injuries to their necks and backs in a motor vehicle accident which took place in July of 2010.

Ms. Warnell’s injuries caused her to cease working roughly 15 months after the accident. Meantime, Mr. Warnell’s injuries allegedly lead to reduced function at his work, with a wrist injury being first reported several months after the accident.

At Trial,...

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01 May 2017

Family feud leaves daughter-in-law liable for mother-in-law’s injuries

by Erika Hachey

McIntyre v. MacKnight, 2017 NBBR 24

This cautionary tale serves as a warning to those choosing to attend the next ‘hootenanny’ outside Miramichi, New Brunswick.

The Plaintiff, Norma-Marie McIntyre, suffered an injury to her hand during a domestic dispute with her daughter-in-law, Krista MacKnight, and then brought an action for damages. At the time of Trial, McIntyre alleged she had been completely disabled by this injury, and confined to...

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