Newsletters

06
Mar

Nova Scotia Court Clarifies When Pre-Judgement Interest Begins Accumulating

Peters v. Great-West Life Assurance Company, 2024 NSCA 21 (Nova Scotia Court of Appeal)  Reading Time: 4 minutes (approx.)  By: Alexandre Doucet (Articled Clerk)  On November 22, 2015, David Peters was injured when he was struck on the head by a door while helping unload a commercial truck at his business. He was taken to...
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06
Mar

Nova Scotia Court Determines Car Ownership in Cases Without Vehicle Permits

Burke v. Wadden, 2024 NSSC 49  Reading Time: 4.5 minutes (approx.)  By: Alexandre Doucet (Articled Clerk)  The Plaintiff, Devon Burke, was involved in a single-vehicle accident as a passenger in a vehicle driven by Charles Wadden which left him severely injured. Mr. Wadden had purchased the vehicle a few months before the accident from All-Star...
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06
Mar

Air Canada Found Liable for Negligent Misrepresentation by Chatbot

Moffatt v. Air Canada, 2024 BCCRT 149 (CanLII) Reading Time: 5 minutes (approx.) By: Jadrien Hong & J. Charles Foster, K.C. On November 11, 2022, Jake Moffatt (the Applicant) visited Air Canada’s website to book a last-minute flight to Toronto due to the death of a close family member. The Applicant sought information regarding Air...
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02
Feb

Ontario Superior Court of Justice Cautions Contracting Parties to Carefully Consider Documenting Actions and Agreements

Campus Contracting Inc. v. Torbear Contracting Inc., 2023 ONSC 6782  Reading Time: 4 Minutes (approx.)  By: Alexandre Doucet (Articled Clerk)  The Plaintiff, Campus Contracting Inc., entered into a contract dated December 22, 2005 (“the Contract”) with the Defendant, Torbear Contracting Inc., to provide material and labour for the installation of high-pressured concrete watermains and sewers...
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02
Feb

Nova Scotia Court of Appeal Reiterates Plaintiff Bears Onus on Scope of Soft Tissue Injuries

Cameron v. Pratt, 2023 NSCA 90  Reading Time: 4 Minutes (approx.)  By: Alexandre Doucet (Articled Clerk)  On August 3, 2017, Robert Pratt (Plaintiff in the underlying matter, Respondent in the appeal) was travelling on Brunswick Street in Truro, Nova Scotia on his motorcycle. David Cameron was parked along the shoulder of the road in a...
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02
Feb

Notification of Incident Does Not Equate Notification Of Injury

Jakupovic v Intact Insurance Company, 2023 CanLii 122890 (CANLAT)  Reading Time: 3 minutes (approx.)  By: Krista Nasartschuk (Articled Clerk)  The Ontario License Appeal Tribunal has determined that notification of a motor vehicle accident does not equate to a notification of injury for the purposes of applying for statutory accident benefits.  Hussein Jakupovic, the Applicant, was...
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28
Dec

New Brunswick Court stresses the need for cooperation and collegiality in appraisal under the Insurance Act

Allstate Insurance Company of Canada v Stephen Robb, 2023 NBKB 212 (CanLII) Reading time: 3 minutes (approx.) By: Weston McArthur The Applicant, Allstate Insurance Company, brought an application for the appointment of an umpire pursuant to section 107(5) of the New Brunswick Insurance Act. The Respondent, Stephen Robb, opposed the application on two grounds. Justice...
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28
Dec

Ontario Court of Appeal clarifies the extent to which court-mandated settlement proceedings involving minors are subject to the open court principle

S.E.C. v. M.P., 2023 ONCA 821 (CanLII) Reading time: 4 minutes (approx.) By: Alexandre Doucet (Articled Clerk) This appeal concerns the scope and limit of judicial discretion to approve settlements involving parties under a legal disability like a minor. This appeal concerned two separate motions. In each, the motion judge approved a settlement under Rule...
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28
Dec

Court Clarifies What is Key in Deciding Whether to Exercise Discretion to Disallow a Limitations Defence

Halifax Regional Municipality v Tirrell Shane Carvery and Andrea MacNevin, 2023 NSCA 79 Reading time: 3 minutes (approx.) By: Krista Nasartschuk (Articled Clerk) The Nova Scotia Court of Appeal has strengthened the test for disallowance of a limitations defence. In April 2017, Plaintiff Carvery suffered personal injuries while exiting a Metro Transit bus in Halifax,...
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