Legal Blog

04 Sep 2018

Requirement of Physical Contact under SEF No. 44 Endorsement Upheld by Court of Appeal

by Jason Caissie

Funk v. Wawanesa, 2018 ABCA 200

This is an appeal of a decision we previously covered in October, 2017. 

On May 20, 2008, Mr. Funk was operating his vehicle at night when an oncoming vehicle crossed the center line into Mr. Funk’s lane of travel.  Mr. Funk took evasive action and managed to avoid a collision, but his own vehicle rolled over into a ditch and Mr. Funk suffered injuries.  The other vehicle drove off and was never identified.

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08 Aug 2018

Dispute over ownership of car and coverage stop court from ordering summary judgment

by Matthew Pearn

Bourgeois v. Economical Mutual Insurance, 2018 NBQB 85

On August 30, 2015, the defendant Clarke Hannah struck the pedestrian Shawn Bourgeois while Hannah was driving a 2004 Mazda MPV. The plaintiff Bourgeois brought a claim against Hannah and also against Don's Used Cars as the registered owner of the Mazda.

There was a dispute over ownership of the Mazda, and whether ownership had transferred from Don's Used Cars to Hannah by the time of...

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08 Aug 2018

Battle of experts prevents court from awarding advance payment

by Matthew Pearn

Dartt v. Decoste, 2018 NSSC 24

On September 3, 2015, the plaintiff Katherine Bennett was involved in a motor vehicle accident in New Glasgow, Nova Scotia. The plaintiff was a passenger in a vehicle driven by the second plaintiff, Dartt. Their vehicle was rear-ended by the defendant driver, Decoste. Decoste admitted liability for the collision, with the value of the claim still in dispute.

Bennett filed a Motion requesting an interim...

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08 Aug 2018

Supreme Court of Canada declines to hear case on NB minor injury cap

by Matthew Pearn

Leave denied by SCC from Douthwright v. Duffy, 2017 NBCA 60

On August 2, 2018, the Supreme Court of Canada denied the application of the plaintiff Shirley Douthwright for leave to appeal a December 2017 decision of the New Brunswick Court of Appeal. In that earlier decision, the plaintiff was appealing a 2015 decision on general damages awarded by the Trial judge.

The plaintiff was a passenger in a vehicle driven by the defendant Duffy....

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03 Jul 2018

TD denied order to have Intact pay equal share of indemnity for boating accident

by Catherine McLatchie

TD General Insurance Company v. Intact Insurance Company (2018) ONSC 2352

On July 17, 2016, Melissa Shawbonquit was a passenger on a boat piloted by Matthew Latendre and owned by Lawrence Latendre. Ms. Shawbonquit commenced a claim against Matthew after he allegedly lost control of the boat, colliding with the shoreline and causing her injuries.

At the time of the accident, Lawrence Latendre had a homeowner’s policy with TD but Matthew was...

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