Legal Blog

01 Nov 2019

Plaintiff Receives Compensation For Teachers Salary Despite Never Working As One.

by Erika Hachey

Lo v Vos, 2019 BCSC 1306

The Plaintiff, a full-time Big Brothers of Greater Vancouver employee and certified teacher suffered injuries in a motor vehicle accident which occurred when she was rear-ended by a truck. The Defendant admitted liability. The Plaintiff stopped working three years after accident occurred and alleged that she suffered from disabling chronic pain, headaches, depression and anxiety as a result of the Accident.

One of...

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30 Sep 2019

Insured denied coverage for failure to disclose material change in risk

by Jason Caissie

Chase v. Personal Insurance Co. 2019 BCSC 936

In August 2012, Clarence and Gayle Chase purchased a homeowner’s policy for their property.  At the time of the application, they advised the broker that the house was their principal residence, there was no one else occupying the residence, there was no business or income earning activity on the property, there were no detached structured that were 800 square feet or larger and there were no...

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30 Sep 2019

Failure to provide update on son’s whereabouts to insurer insufficient to void coverage

by Jason Caissie

Ruddell v. Gore Mutual Insurance Company, 2019 ONCA 328

Alan Stewart was driving a vehicle owned by his mother Gayle Bass which was insured by Gore Mutual Insurance Company.  Mr. Stewart lost control of the vehicle and injuries were suffered by a passenger, Michael Ruddell who started an action against Mr. Stewart and Ms. Bass.

When the action was first filed, Ms. Bass gave Gore Mutual her son’s address so that the action could be served...

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30 Sep 2019

Court refuses to order advance payment due to lack of evidence supporting same

by Jason Caissie

Comeau v. Thomas, 2019 NBQB 187

The Plaintiff Christina Comeau was involved in a motor vehicle accident on January 16, 2011.  The Plaintiff had a sporadic work history and had been laid off from her waitress/bartending job 8 months before the accident and was not working at the time of the accident.

The Plaintiff filed a motion seeking a $65,000 advanced payment related to loss of income, day care costs for her child, loss of services and...

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02 Sep 2019

Can Negligent Parenting be Covered by a Motor Vehicle Policy?

by Catherine McLatchie

Hunt v Peel Mutual Insurance Company, 2019 ONCA 656

Amealia Hunt sued her father, Bradley Hunt, for negligent parenting for permitting her to be transported in a motor vehicle of an impaired driver, a vehicle that Mr. Hunt was also an occupant.

Amealia was a minor when she suffered injuries as a passenger in a motor vehicle collision on July 20, 2014. The vehicle was owned and operated by Mr. Hunt’s girlfriend, Tammy-Lynn Dingman. Ms....

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