Legal Blog

19 Jun 2014

Foster & Company Welcomes a New Associate!

by Admin

Foster & Company is delighted to welcome Kathy Lewis as the firm's newest associate lawyer upon her call to the bar on June 17th, 2014.

Kathy began her career with Foster & Company in 2011 as a law student. She has earned a Bachelor of Arts Honours at the University of King's College and a Juris Doctor from the University of New Brunswick.

Kathy has a general litigation practice at Foster and Company. We are pleased to welcome her to the...

Read More
01 Jun 2014

Court Rules Overzealous Policeman is Not Above Traffic Laws

by Admin

Watkins v Dormuth, 2014 BCSC 543

On the morning of March 4, 2007 Erika Watkins, 27, was driving to her job at the Elk Falls pulp and paper mill in Campbell River, BC.  At the same time, Constable David Dormuth of the RCMP was en route to investigate the activation of a ‘bait car’ (a vehicle intentionally parked in an area with frequent auto thefts for the purpose of enticing and capturing car thieves).

Ms. Watkins was proceeding north on...

Read More
01 Jun 2014

No Licence, No Problem! Insurer Must Defend Driver Without a Licence

by Admin

Kozel v Personal Insurance Co, 2014 ONCA 130

This decision may force automobile insurance companies to insure clients who cause an accident while driving with a lapsed driver’s licence.

While vacationing in Florida, 77 year old Barbara Kozel of Ontario was involved in an accident with motorcyclist Arthur Grimes.  Mr. Grimes was seriously injured.

Mr. Grimes commenced a civil action against Ms. Kozel.  Her insurer, The Personal Insurance...

Read More
01 Jun 2014

From Bad to Worse: Insurers Accused of Bad Faith Face New Defence Costs

by Admin

Wade v. Wawanesa, 2014 NBQB 96

This April 14, 2014 decision from New Brunswick’s Court of Queen’s Bench, (presently under appeal) may force all insurers to conduct new, costly and time-consuming production of documents when their insureds accuse them of ending insurance benefits in bad faith.

In 2005, Shirley Wade was involved in a motor vehicle accident and suffered injuries.  Ms. Wade’s insurer, Wawanesa Mutual Insurance Company, began...

Read More
30 Apr 2014

City Can Have its Cake and Eat it, Too

by Admin

Zhou v. Markham et al., 2014 ONSC 435

After a long, icy winter which has no doubt obliterated most municipal snow removal budgets, cities are overdue for some good news when it comes to slippery sidewalks. This decision may be that good news.

In March 2011, Mr. Jun Zhou allegedly slipped, fell and injured himself while walking on a sidewalk owned by the City of Markham (the "City"). The sidewalk cleaning was contracted out by the City to...

Read More