Legal Blog

31 Oct 2018

Court Refuses to Find Implied Consent of Mother when Unlicensed Son Drove Vehicle

by Jason Caissie

Michaud-Shields v. Gough, 2018 ONSC 4977

Justin Gough’s license was suspended in 2005.  He was living with his parents at that time, and his Ford F150 pickup truck sat unused until 2009, when his mother, Nancy Gough, had the truck transferred into her name and insured it. 

On June 30, 2012, Nancy and her husband Daniel were away, and left the keys to the F150 on a hook by the front door.  Justin, who’s license remained suspended, was...

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31 Oct 2018

Insurer Estopped from Denying Coverage After Defending Claim for Three Years

by Jason Caissie

Bradfield v. Royal and Sun Alliance Insurance Company of Canada, 2018 ONSC 4477

On May 29, 2006, Mr. Devecseri was the lead motorcyclist in a group which included the Plaintiff Jeffrey Bradfield.  Mr. Devecseri crossed into the opposite lane of traffic, collided with an oncoming car and was killed instantly.  Jeffrey Bradfield was also hit in the collision and injured. 

Mr. Devecseri was a holder of an M2 drivers license at the time, which...

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31 Oct 2018

Court Finds Plaintiff Credible and Awards Full Future Loss of Income

by Jason Caissie

Chiasson v. Thériault, 2018 NBQB 177

Nadine Chiasson suffered injuries in a motor vehicle accident on January 10, 2009.  The Defendant admitted liability in the rear end collision, but the parties contested the issue of damages.  Ms. Chiasson claimed $1.4 million, and the Defendant argued that the Plaintiff’s injuries were minor and that she had been adequately indemnified through other sources. 

Ms. Chiasson was the mother of a 7 and 9...

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02 Oct 2018

Court Upholds Denial of Fire Loss Claim on Basis of Arson

by Jason Caissie

Bidart v. The Portage La Prairie Mutual Insurance Company, 2017 NSSC 126

Mr. Bidart was involved in legal proceedings with a former spouse which led to a judgment registered against him in the amount of $16,024.54.  The legal proceedings along with other issues led to financial hardship for Mr. Birard, leading to his bank accounts being frozen, running up substantial credit card debt and falling behind on his property tax and water...

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02 Oct 2018

PEI Court Makes First Ever Award for Advance Payment

by Jason Caissie

Fraser v. Runighan, 2018 PESC 26

On January 12, 2012, Veronica Fraser was a passenger in a vehicle driver by her husband, Barry Fraser.  They were travelling in a west bound direction on Route 10, when a vehicle coming in the opposite direction and driven by Candace Runighan, crossed over the center line and collided head on with the Fraser vehicle.

Both Frasers commenced an action against Ms. Runighan and the owner of the vehicle Robert...

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