Legal Blog

02 Sep 2019

Likelihood that Someone Will Be Held Liable at Trial is Not Sufficient for Granting Advance Damages

by Catherine McLatchie

Fougere v Campbell, 2019 NBQB 171

The Plaintiff, Ina Fougere, brought a motion pursuant to section 265.6 of the Insurance Act, RSNB 1973, c. I-12, seeking an advance payment of special damages. This matter involved a motor vehicle collision which occurred on August 28, 2017.

The Plaintiff was a passenger in a Codiac Transpo bus owned by the Defendant, The City of Moncton and operated by the Defendant, Marc LeBlanc. The bus collided with a...

Read More
31 Jul 2019

City of Calgary liable for assault victim’s injuries because security was inadequate

by Admin

McAllister v. Calgary (City), 2019 ABCA 214

The City of Calgary owns and operates a light rail transit service, commonly referred to as the “C-Train”.  In the early hours of the morning on January 1, 2007, Kyle McAllister and a female friend were walking on a pedestrian overpass that connects a parkade to the train station.  Suddenly, and without provocation, a group of teenagers brutally attacked Mr. McAllister.  The teens knocked Mr....

Read More
31 Jul 2019

Parking lot owner not liable for taxi-driver’s injuries

by Admin

Babin v. C.J.M. Dieppe Investments Ltd. and TG 378 Gauvin Ltd. and Sood, 2019 NBCA 44

In the early hours of April 18, 2014, while looking for his passenger located at 378 Gauvin Road in Dieppe, taxi driver Deepak Sood mistakenly drove into the parking lot of neighbouring 388 Gauvin Road. From there, instead of returning to the street to enter the driveway of 378 Gauvin Road, Mr. Sood drove over a grassy, sloped embankment separating the two...

Read More
31 Jul 2019

Cheap Drinks at a Large Cost: Liability for Drinking Establishments

by Admin

Hummel v. Jantzi, 2019 ONSC 3571

Wesley Hummel was a healthy and well-adjusted 28-year-old man.  He operated a business and was a skilled carpenter. He participated in various sporting activities and was active in his church and community.

On the evening of June 6, 2012, Mr. Hummel and five friends gathered at the All Star Tap & Grill House in Fonthill, Ontario to watch a hockey game. The All Star was known for its “12 for 12 Special”...

Read More
01 Jul 2019

Adult daughter who lived with mother and paid rent, considered tenant under homeowners policy

by Admin

Traders General Insurance Co. v. Gibson, [2019] O.J. No. 1261, 2019 ONSC 1599

Betty Gibson lived with her mother Elizabeth all of her life with the exception of a 10-month period when she moved to Kingston, Ontario as a young adult in the 1970s. After high school, Betty started paying $200 in rent per month to her mother. This eventually increased to $400 per month. Betty also helped around the house with chores.

On March 31, 2014, Betty...

Read More