Legal Blog

02 May 2019

Supreme Court of NS dismissed action against disability insurer for being out of time

by Catherine McLatchie

Richards Estate v. Industrial Alliance Insurance and Financial Services 2019 NSSC 3

Paul Richards received long-term disability benefits from 2008 until 2011 from the Defendant, Industrial Alliance. In 2011, the Defendant advised Mr. Richards that he no longer satisfied the policy’s definition of ‘total disability’ and ceased payment of his benefits as a result.

Mr. Richards appealed this decision to the appeal committee and was denied in...

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01 May 2019

Court says builders’ policy is limited to new construction work, not pre-existing property

by Catherine McLatchie

The Dominion of Canada General Insurance Company v Viking Fire Protection Inc. 2019 CarswellNfld 85

In 2011, Team Mechanical Construction Ltd. was hired to act as the main contractor for renovations to the Health Sciences Centre hospital in St. John’s, Newfoundland. The defendant subcontracted the sprinkler system work to Viking Fire Protection Inc. (“Viking”).

The contract required Team Mechanical to obtain builder’s risk insurance which...

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31 Mar 2019

Well documented files protect broker and insurer from liability

by Andrew Moss

Siddall Jewellery Co. Ltd. v Angus-Miller Ltd., 2019 NBQB 042

The Plaintiffs, Siddall Jewellery Co. Ltd. and Siddalls Lazer Tec Engraving Ltd., were stores in Miramichi, New Brunswick.  Siddall Jewellery Co. Ltd. sold and repaired jewellery, watches and clocks.  Siddalls Lazer Tec Engraving engraved items such as trophies and gifts.  In 2006, the Plaintiffs’ owner-operator, Roy Siddall, purchased a commercial insurance policy for the...

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31 Mar 2019

Home insurer need not defend homeowner against road rage lawsuit

by Andrew Moss

Pembridge Insurance Company of Canada v. Chu et al, 2019 ONSC 1359

This case involves a complex motor vehicle accident occurring at a Toronto intersection.  Liability for the accident is disputed.  One of the drivers, Dennis Chu, is alleged to have caused or contributed to the accident by operating his vehicle negligently.  It is also alleged that Mr. Chu exited his vehicle and confronted another driver, threatening the driver and striking...

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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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