Legal Blog

01 Oct 2015

Bully’s Parents Must Go It Alone, as Insurer Need Not Defend

by Admin

Update to our February 2015 Newsletter

Unifund Assurance Co. v E. (D.)  2015 ONCA 423

In our February 2015 Newsletter we reported on a decision of the Ontario Superior Court of Justice which held that parents of an alleged bully may be liable in negligence for failing to supervise their child. This triggered the insurer’s duty to defend the parents under a homeowner’s insurance policy. This decision has been overturned on appeal by the...

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31 Aug 2015

Appeal Filed on Grounds in Conflict with Best Interests of Insured Impacts Insurer and Defence

by Erika Hachey

Insurer’s Motion to be Added as Intervener Denied and Defence Counsel Found to be in a Conflict of Interest Where Appeal Filed on Grounds that were in Conflict with Best Interests of Insured.

Mallory v. Werkmann Estate, 2015 ONCA 71

In February 2005, Werkmann, Nemes, and Mihali went on a motorcycle ride where they reached excessive speeds over 240 km/hr. Tragically, Werkmann lost control of his motorcycle and struck a motor vehicle, driven...

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31 Aug 2015

Plaintiff’s Damages Are Reduced for Failure to Mitigate and Failure to Wear a Secured Seatbelt…

by Erika Hachey

Plaintiff’s Damages Are Reduced for Failure to Mitigate and Failure to Wear a Properly Secured Seatbelt. Lump Sum Settlement of Long Terms Disability Payments are Deductible from Plaintiff’s Loss of Income Claim.

O’Neill Jones v Chabot, 2015 NBQB 143

The Plaintiff, Viola Marie O’Neill Jones was involved in a motor vehicle accident in June 2010 in which she suffered physical and psychological injuries, including frozen shoulder and...

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31 Aug 2015

Plaintiff was Reasonable in his Reliance on Motor Vehicle Report that Defendant Vehicle was Insured

by Erika Hachey

Lingard v. Milne-McIsaac, 2015 ONCA 213

In October 2008, Timothy Lingard was rear-ended by a vehicle driven by Jessie Milne-MacIsaac and owned by Shawn MacIsaac. The attending police officer prepared a motor vehicle report which listed the defendant vehicle as being insured by Security National Insurance Company.

In September 2010, Mr. Lingard brought an action against Mr. Milne-McIsaac and Mr. McIssac for injuries arising out of the...

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02 Aug 2015

When Investigating Subrogated Claims, Take Care or Lose Privilege Over Key Docs

by Admin

Hatch Ltd. v. Factory Mutual Insurance Company, 2015 NSCA 60

Three years after it was built, a multi-million dollar wharf collapsed. The owner of the wharf, Martin Mariettea Materials Canada Limited, made a claim on its insurance policy with Factory Mutual Insurance Company (Factory). The claim was granted, in part on the basis of an engineer’s report that was commissioned by the claims adjuster working for Factory.

Factory then brought a...

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