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Legal Blog

05 Oct 2020

Homeowner’s use of space heaters not a “material change in risk”

by Erika Hachey

Pinder Estate v. Farmers Mutual Insurance Co., 2020 ONCA 413

Joyce Pinder purchased a home for her daughter and grandson in the late 1990s. Her daughter, Cindy, owned the contents of the home, and paid the utilities. Unfortunately, in 2004, a fire occurred, destroying the home and the contents. Cindy had left the home for her boyfriend's house during the evening, while her son was having a sleep-over at Joyce's. She left 'half a log' in the...

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05 Oct 2020

Disability insurer seeks permission to pursue counter-claim against insured

by Erika Hachey

Thorburne v. Sun Life Assurance Company of Canada, 2020 NSSC 240

Ms. Thorburne brought an action against her long-term disability insurer, Sun Life, after they ceased paying her disability benefits. Ms. Thorburne alleged she was entitled to benefits on the basis she was totally disabled from her own occupation and ‘any occupation’.

At discovery, Ms. Thorburne brought a summary of income she earned from selling shampoo in a multi-level...

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05 Oct 2020

Summary judgment not granted by NB Court of Appeal despite defendant admitting liability

by Erika Hachey

Trider v. Galloway, 2020 NBCA 64

The plaintiff, Ms. Trider, was injured in a motor vehicle collision at an intersection. Liability for the collision was admitted by the Defendant, Mr. Galloway, after the examination for discovery took place. Nevertheless, Ms. Trider brought a summary judgment motion against Mr. Galloway to confirm the court’s position on liability. Ms. Trider’s motion for summary judgment was dismissed, and an appeal was...

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02 Sep 2020

Defendant Must Pay Half the Interest on Litigation Loan Used for Plaintiff’s Medical Expenses

by Erika Hachey

McIntyre v. Matthews, 2020 NBCA 52

Ms. Matthews was injured when her vehicle was rear-ended by Ms. McIntyre’s vehicle.  Ms. McIntyre admitted liability for the collision.  A 15-day trial was held to assess Ms. Matthews’ damages.

At the close of trial, Justice McNally granted Ms. Matthews’ judgment for $616,689.00 total.  The judgment included a sum for Ms. Matthews’ loans, and interest on the loans, from a litigation loan company, Seahold...

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02 Sep 2020

Lawyer’s letter admitted as evidence

by Erika Hachey

Fraser v Runighan, 2020 PECA 5

Following a motion at the Prince Edward Island Court of Appeal, the solicitors for Fraser and Runighan were negotiating costs. An offer to settle was sent from Runighan to Fraser, and a letter followed from Runighan. The letter did not mention the offer to settle, and stated that Runighan intended to include the letter in their submissions to the Court of Appeal.

However, when submissions were made, Runighan...

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