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Legal Blog

02 Jun 2020

Territorial limitation bars Plaintiff from recovery for auto accident in Philippines

by Médérik Menard

Wage v. Canadian Direct Insurance Inc., [2020] A.J. No. 139, 2020 ABCA 49

Ms. Leizle Wage was vacationing in the Philippines when she was struck and killed by a motorcyclist. Her husband made a claim to her automobile insurer, Canadian Direct Insurance Inc., for coverage from the Section B and SEF No. 44 portions of this policy.

Canadian Direct denied coverage on the basis that the motor vehicle accident which killed Ms. Wage was not “in...

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02 Jun 2020

Improperly cancelled policy leaves insurer liable

by Médérik Menard

Allstate Insurance Co. v. Her Majesty the Queen, 2020 ONSC 830

Allstate Insurance Company issued Mr. Daniel Miller an automobile insurance policy in July of 2012. In April of 2013, the policy was cancelled due Mr. Miller not paying his premiums. In March of 2014, Mr. Miller paid the amount owing on the cancelled policy and applied for a new insurance policy. The new policy was issued to Mr. Miller and was effective from March 22, 2014 to...

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02 Jun 2020

Court of Appeal reverses ruling in Moncton Intersection Collision

by Médérik Menard

Benoit v. Savoie et al. 2020 NBCA 25

On January 8, 2013, Brian Benoit was driving along Mountain Road in Moncton with passenger and Plaintiff, Karine Savoie. He approached the Mountain Road intersection with West Lane. Mr. Benoit was roughly two car lengths away from the intersection when he noticed the red traffic light and started to brake.  When he reached the stop line, the light changed to green, so he accelerated and continued through...

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01 May 2020

Ski resort cannot rely for its defence on warning signs plaintiff saw after he purchased lift ticket

by Erika Hachey

Apps v. Grouse Mountain Resorts Ltd., 2020 BCCA 78

Most ski resorts recognize the danger involved with skiing and snowboarding.  As a result, ski resorts typically require customers to sign waivers of liability to protect themselves against lawsuits.

In 2016, Mr. Apps visited Grouse Mountain in British Columbia for the first time.  Mr. Apps worked at Whistler Mountain’s ski and snowboard equipment rental shop.  He had been snowboarding...

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01 May 2020

Insurer must indemnify municipality for clean up costs following diesel fuel escape

by Erika Hachey

Halifax Regional Municipality v. Zurich Insurance Company Ltd., 2020 NSSC 69

The Halifax Transit bus depot is a staple of Burnside Industrial park in Dartmouth, Nova Scotia.  It is visible to nearby motorists headed towards the McKay bridge.  In 2014, approximately 200,000 litres of diesel fuel escaped from a pipe and contaminated the ground.  The fuel escape lasted several months before being noticed by the bus depot.

The Halifax...

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