Legal Blog

06 Jan 2019

Court Cut Loose the Moose Claim for Diminished Value of Vehicle After Collision

by Catherine McLatchie

Dion v Security National Insurance Co. 2018 ABPC 242

Security National Insurance Company brought an application for summary judgment for dismissal of Mr. Dion’s claim for diminished value of his vehicle after striking a moose. The insurer indemnified the costs to repair the vehicle but denied the claim for diminished value.

The insured argued that the repairs to his vehicle were inadequate and even if his vehicle was repaired to its...

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06 Jan 2019

Loss of Income Due to Inability to Flip Houses Approved With Minimal Evidence

by Catherine McLatchie

Paul Johnston v Marjorie Jones, 2018 NBQB 123

Paul Johnston claimed damages against Marjorie Jones for injuries suffered in a car accident on August 26, 2011 in Fredericton, New Brunswick. Liability of the accident was admitted; therefore, the trial was to determine the assessment of damages.

Mr. Johnston was traveling at a speed of 70 km/hr on his motorcycle when a car driven by Ms. Jones turned left in front of him. Mr. Johnston had no...

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06 Jan 2019

Aviva to Pay Residential Landlord for Theft by Property Manager

by Catherine McLatchie

688857 Ontario Limited v Aviva Insurance Company of Canada, 2018 ONSC 5891

Gabriele Zeh-Abramsky is the principal and sole shareholder of the Plaintiff company and was insured by Aviva Insurance. Ms. Abramsky is a residential landlord who hired a property manager to collect rental payments from tenants and deposit them into the bank, amongst other things. The property manager stole the rental money and misused a company credit card to pay...

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02 Dec 2018

Court Penalizes Insurer for Failing to Properly Explain to Insured Its Denial of His Claim.

by Andrew Moss

Augspols v G. Bates Plumbing and Intact Insurance Co., 2018 ONSC 7038

In 2007, Arnie Augspols found water in his basement. Mr. Augspols hired a plumber, who discovered and repaired a broken pipe. In 2010, sewage backed up into Mr. Augspols’ basement through a floor drain.  He hired another plumber, who replaced the sanitary line going into the house. In 2016, Mr. Augspols noticed one side of his basement floor was sinking. Because of the...

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02 Dec 2018

Insurer Must Indemnify Church for Compensation Payments Made to Abuse Victims.

by Andrew Moss

Aviva Insurance Company of Canada v. L’Évêque Catholique Romain de Bathurst, 2018 NBCA 64.

In 2002, Valéry Vienneau was appointed Bishop of the Roman Catholic Diocese of Bathurst.   Soon thereafter, Mr. Vienneau was contacted by individuals alleging Fathers Charles Picot and Levi Noel had sexually abused them.  The RCMP charged and tried both Picot and Noel.  As a result of the publicity, more alleged victims of abuse came forward.  The...

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