Legal Blog

01 Feb 2019

Court Finds Plaintiff Not Credible, and Finds Injuries Pre-existing

by Admin

Gale v. Purcell, 2018 NSSC 319

The Plaintiff, Angela Gale was a mother of two who worked as a dental assistant in Dartmouth, Nova Scotia. However, in 2006, due to a motor vehicle accident, Mrs. Gale suffered injuries to her left arm, which led to a change in career to a receptionist position at a dental clinic.

On March 23, 2010, the Plaintiff was in a second motor vehicle accident, where her vehicle was rear ended on the McKay Bride in...

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01 Feb 2019

Future CPP Disability Benefits are Deductible Says Nova Scotia Court of Appeal

by Admin

Sparks v Holland, 2019 NSCA 3

This is an appeal of a decision that was featured in our October 2018 newsletter.

The respondent, Catherine Holland, was involved in a motor vehicle accident with the appellant, Josh Sparks. As a result of injuries suffered in the motor vehicle accident, she received Canada Pension Plan disability benefits. A motion was filed by the parties to have the Court decide whether past and future CPP benefits were...

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06 Jan 2019

Court Cut Loose the Moose Claim for Diminished Value of Vehicle After Collision

by Catherine McLatchie

Dion v Security National Insurance Co. 2018 ABPC 242

Security National Insurance Company brought an application for summary judgment for dismissal of Mr. Dion’s claim for diminished value of his vehicle after striking a moose. The insurer indemnified the costs to repair the vehicle but denied the claim for diminished value.

The insured argued that the repairs to his vehicle were inadequate and even if his vehicle was repaired to its...

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06 Jan 2019

Loss of Income Due to Inability to Flip Houses Approved With Minimal Evidence

by Catherine McLatchie

Paul Johnston v Marjorie Jones, 2018 NBQB 123

Paul Johnston claimed damages against Marjorie Jones for injuries suffered in a car accident on August 26, 2011 in Fredericton, New Brunswick. Liability of the accident was admitted; therefore, the trial was to determine the assessment of damages.

Mr. Johnston was traveling at a speed of 70 km/hr on his motorcycle when a car driven by Ms. Jones turned left in front of him. Mr. Johnston had no...

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06 Jan 2019

Aviva to Pay Residential Landlord for Theft by Property Manager

by Catherine McLatchie

688857 Ontario Limited v Aviva Insurance Company of Canada, 2018 ONSC 5891

Gabriele Zeh-Abramsky is the principal and sole shareholder of the Plaintiff company and was insured by Aviva Insurance. Ms. Abramsky is a residential landlord who hired a property manager to collect rental payments from tenants and deposit them into the bank, amongst other things. The property manager stole the rental money and misused a company credit card to pay...

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