Legal Blog

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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02 Sep 2019

Court Clarifies What Constitutes “Living in the Same Household” Under a Home Insurance Policy

by Catherine McLatchie

Ferro v Weiner, 2019 ONCA 55

Enid Weiner owned a home on Lake Eugenia which was her primary residence until she moved into a nursing home in 2008. After which, she and her three adult children and their families continued to use the home as a vacation cottage.

The cottage was covered by an Intact Insurance policy in which Enid was listed as the sole owner and named insured. The policy provided coverage for all of Enid’s relatives while...

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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...

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