Legal Blog

31 Mar 2019

Sister’s Wrongful Death Does Not entitle siblings to pecuniary damages

by Andrew Moss

Higgins v. Arseneau, 2019 NBCA 21

Caroline Higgins was 46 when she was killed in a motorcycle accident.  Ms. Higgins was jogging on the sidewalk when David Arseneau drove his motorcycle up onto the sidewalk and struck her.  Ms. Higgins practiced law, was unmarried and had no children. Her Will left the entire residue of her estate in trust for the benefit of her niece, who is disabled.

Ms. Higgins’ Estate brought an action against Mr....

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03 Mar 2019

Passenger Who Grabbed Wheel Causing Accident Not Entitled to Defence

by Jason Caissie

McKay v. Park, 2018 ONSC 7346

On August 29, 2013, Sarah Park was driving her vehicle with her boyfriend, Giancarlo Hnatiuk, in the passenger seat.  The couple were arguing when Mr. Hnatiuk got angry and intentionally grabbed the steering wheel, causing the vehicle to lose control and collide with another vehicle.

Mr. Hnatiuk fled the scene of the accident, but was later arrested and plead guilty to dangerous driving causing bodily harm...

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03 Mar 2019

Benefits Denied Because a Sandbar is not a Highway

by Jason Caissie

Adam v. Insurance Corp. of British Columbia, [2018] B.C.J. No. 6943, 2018 BCCA 482

The Plaintiff Mr. Adam had a travel trailer parked overnight on a sandbar close to Chiliwack, BC.  The sandbar was 1 kilometer long, and during low tides, vehicles could drive onto the sandbar from McSween Road.   It was a popular space for people to camp and party during the summer months.

While Mr. Adam was in his travel trailer, he heard a noise.  When he...

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03 Mar 2019

Known Drug Dealer’s Death Found to be Excluded Under Life Insurance Policy

by Jason Caissie

Valentyne Estate v. Canada Life Assurance Co., [2018] B.C.J. No. 6984, 2018 BCCA 484

Kevin Valentyne was a known drug dealer with a criminal record and gang affiliations.  On January 7, 2013, Mr. Valentyne was driving downtown with his girlfriend, when he received a call asking him to attend the home of two other drug dealers.  Mr. Valentyne drove to that residence, went into the home, and never came out.

Police investigated and found Mr....

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01 Feb 2019

Insurer Estopped From Denying Coverage After Providing Defence

by Admin

The Commonwell Mutual Assurance Group v. Campbell, 2018 ONSC 5899

In April 2013, Shayne Campbell borrowed a dirt bike from his girlfriend’s father, who was the CEO of RCOMM Radio Inc, where Mr. Campbell also worked. The dirt bike was also registered to RCOMM Radio Inc.

As Mr. Campbell was driving the dirt bike, he turned abruptly in front of an ATV driven by Evan Rodger which then struck the dirt bike. Mr. Rodger fell, struck his head on...

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