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Legal Blog

02 Jun 2020

Court of Appeal reverses ruling in Moncton Intersection Collision

by Médérik Menard

Benoit v. Savoie et al. 2020 NBCA 25

On January 8, 2013, Brian Benoit was driving along Mountain Road in Moncton with passenger and Plaintiff, Karine Savoie. He approached the Mountain Road intersection with West Lane. Mr. Benoit was roughly two car lengths away from the intersection when he noticed the red traffic light and started to brake.  When he reached the stop line, the light changed to green, so he accelerated and continued through...

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01 May 2020

Ski resort cannot rely for its defence on warning signs plaintiff saw after he purchased lift ticket

by Erika Hachey

Apps v. Grouse Mountain Resorts Ltd., 2020 BCCA 78

Most ski resorts recognize the danger involved with skiing and snowboarding.  As a result, ski resorts typically require customers to sign waivers of liability to protect themselves against lawsuits.

In 2016, Mr. Apps visited Grouse Mountain in British Columbia for the first time.  Mr. Apps worked at Whistler Mountain’s ski and snowboard equipment rental shop.  He had been snowboarding...

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01 May 2020

Insurer must indemnify municipality for clean up costs following diesel fuel escape

by Erika Hachey

Halifax Regional Municipality v. Zurich Insurance Company Ltd., 2020 NSSC 69

The Halifax Transit bus depot is a staple of Burnside Industrial park in Dartmouth, Nova Scotia.  It is visible to nearby motorists headed towards the McKay bridge.  In 2014, approximately 200,000 litres of diesel fuel escaped from a pipe and contaminated the ground.  The fuel escape lasted several months before being noticed by the bus depot.

The Halifax...

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01 May 2020

Automobile insurer need not disclose its internal procedures for responding to accident benefit clai

by Erika Hachey

Intact Insurance Company v. Malloy, 2020 NSCA 18

Shauna Malloy was injured in October of 2014 in a motor vehicle accident.  She applied for coverage through her own automobile insurer, Intact Insurance, which was granted. Unfortunately, disagreement between the two arose when Intact Insurance denied coverage for a surgical procedure.  Ms. Malloy brought an action against Intact for coverage of the procedure and alleging Intact breached their...

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01 Apr 2020

COVID-19 and “force majeure” clauses

by Erika Hachey

The contractual term “force majeure” will be a hot topic in post-COVID-19 Canada, as parties are unable to perform their obligations pursuant to previously agreed upon contracts.  Force majeure, a term taken from the French language, is an event or effect that can be neither anticipated nor controlled.  Common examples are floods, hurricanes, riots, strikes and wars.  Clauses concerning forces majeures are commonly added to contracts so...

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