Legal Blog

01 Dec 2017

Claimant entitled to SEF 44 coverage but not his incurred U.S. legal fees

by Admin

Hartley v Security National Insurance Company 2017 ONCA 715

Glen and Theresa Hartley were injured in a traffic accident while touring on a motorcycle in Minnesota in the US. They retained solicitors in Minnesota and commenced an action related to their motor vehicle accident.

The Defendant vehicle was owned by the State of Minnesota, which was self insured and state laws provided that the State’s self insurance had a single occurrence...

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01 Dec 2017

Court orders production of documents from non-party Provincial Government

by Admin

McCabe v Wawanesa Mutual Insurance Company, 2017 S1-CA-1349

In March 2010, Phyllis McCabe was involved in a motor vehicle accident wherein she suffered a serious brain injury which prevented her from being able to live independently upon her discharge from hospital. McCabe was admitted to Rosewood Residence, a community care facility, where she remained for two years. McCabe’s accommodations and expenses were paid for by the province through...

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01 Dec 2017

Solicitor’s negligence does not allow reinstatement of discontinued action

by Admin

Rafuse v Simms et all 2017 NBQB 171

Cassandra Rafuse was involved in two motor vehicle accidents, one in 2000 and one in 2001.  She commenced actions related to both motor vehicle accidents.

In August 2005, a status hearing was held regarding both actions, and the status hearing judge ordered that both matters had to be set down for trial before February 2006, failing which the actions would be discontinued without further notice to the...

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02 Nov 2017

Workers’ Compensation directed to cover medical marijuana costs

by Admin

20178376 (Re), 2017 CanLii 67428 (NB WCAT)

A man was receiving Workers’ Compensation after he suffered a back injury at work. He had tried several types of pain medications but suffered negative side effects from each. One of his doctors documented that his best relief was provided by a combination of marijuana vapour, Tylenol 3, and Flexeril. His request to have his medical marijuana prescription covered by Workers’ Compensation was denied....

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02 Nov 2017

Counsel’s inefficiency reduces costs awarded to Plaintiff

by Admin

Toth v. City of Niagara Falls, 2017 ONSC 5670

The Plaintiff, a nine-year old girl, was injured when her scooter hit a bump in the sidewalk and she fell, suffering a complicated fracture of her leg. She brought an action against the City of Niagara Falls for negligent maintenance and inspection of its property.

At Discovery, the Plaintiff testified that she had circled around the same neighbourhood sidewalk several times over the course of...

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