Legal Blog

01 Aug 2017

Ontario Court of Appeal Upholds Enforceability of Unapproved Insurance Form

by Jason Caissie

Royal & Sun Alliance Insurance Company of Canada v. Intact Insurance Company, 2017 ONCA 381

Diane Wilson was the owner of a 2004 Impala when her driver’s license was suspended for unpaid fines. Her insurer, Intact, advised her they were cancelling her insurance policy. Ms. Wilson reached an agreement with Intact whereby she maintained insurance on the vehicle so that it could be driven by her husband. Ms. Wilson signed an Excluded Driver...

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01 Aug 2017

Plaintiff Ordered to Request and Produce Section B Medical File

by Jason Caissie

King v. Dupris and Michaud, 2017 NBQB 100

The Plaintiff, Gloria King, commenced an action against the Defendants after she suffered injuries in a motor vehicle accident. The Defendants’ solicitor filed a motion for production of the Plaintiff’s Section B medical file.

The Court reviewed a previous decision of the Court of Appeal on the matter, Tower v. Foulkes, 2015 NBCA 29. In Tower, the Court of Appeal found that the Plaintiff did not...

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01 Aug 2017

Man Who Trips and Falls Face First on Parked Vehicle Entitled to Section B Benefits

by Jason Caissie

D.S. v. TD Insurance Meloche Monnex, 2017 CanLii 43837

The Applicant, D.S., was running down the street in the early hours of the morning when he tripped and fell, causing serious injuries.  He maintained that when he tripped, he landed face first into a parked vehicle. His injuries included spinal fractures that lead to severe paralysis from his chest down.

The Applicant applied for Statutory Benefits (Section B) from his motor vehicle...

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05 Jul 2017

Insurer allowed to void policy containing misinformation

by Admin

Marsh Canada Ltd. v. Grafton Connor Property Inc., 2017 NSCA 54

The Grafton Connor Group (“Grafton”) owns and manages properties in Nova Scotia, including the North End Pub in Halifax. Beginning in 1999, Grafton purchased insurance for its properties through insurance broker Marsh Canada Limited (“Marsh”). In 2003, Marsh sought coverage for the North End Pub from Lloyds of London (“Lloyds”). The insured advised March, who in turn informed...

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05 Jul 2017

Golfers compensated when golf course misplaces their clubs

by Admin

Bloomer v Connaught Golf Club, 2017 CarswellAlta 771, 2017 ABPC 105

Mr. Bloomer and his wife were members of the Connaught Golf Club since 2005 and as such, they agreed to abide by the policy, rules and regulations of Connaught Golf Club. Starting in 2009, the Bloomers stored their clubs at the pro-shop after their games.

On June 23, 2016, the Bloomers left their clubs at the pro shop after their game. When they came the following morning...

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