Legal Blog

31 Mar 2014

The Return of the Ex…Insured

by Admin

Co-operators General Insurance Company v. Wawanesa Mutual Insurance Company, 2014 NSSC 23

Despite not having insured a business since 2005, the Co-Operators have been ordered to defend a claim filed in 2013.

In 2004, Mark Wile Plumbing and Heating (“Wile Plumbing”) installed an expansion tank for the hot water heating system in a cottage in Lunenburg, Nova Scotia. In 2011, the cottage owners discovered that the expansion tank had fallen,...

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28 Feb 2014

The Six Million Dollar Concussion: when seemingly innocuous events have tragic consequences

by Admin

Wallman v John Doe 2014 BCSC 79

The Plaintiff, a 53 year old emergency room physician and real estate investor, was rear-ended by a bus, causing very little damage to either vehicle. Following the accident, the Plaintiff exchanged information with the bus driver and continued on to work.  Later that morning he felt confused and unwell.  He was diagnosed with a concussion, and taken off work. 

The Plaintiff continued to experience symptoms...

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28 Feb 2014

Balancing Relevance and Privacy: The Great Facebook Debate

by Admin

Conrod v Caverley, 2014 NSSC 35

Requests for the production of Facebook and other social media information are gaining prevalence in both oral and documentary Discovery. In this case, the Nova Scotia Supreme Court considered an application by the Defendants to compel the Plaintiff to produce her personal Facebook profile. The action arose out of a motor vehicle accident. The Plaintiff claimed that in addition to affecting her ability to...

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28 Feb 2014

Plaintiff failed to prove causation for ongoing disability

by Admin

Carroll v Leblanc, 2013 NBQB 393

The Plaintiff sustained soft tissue injuries in a motor vehicle accident on January 15, 2003, prior to the enactment of the cap on general damages.  The Plaintiff had a pre-existing elbow injury, described as “tennis elbow”, and a history of depression. After the accident, the Plaintiff had two slip and falls, and also developed a growth on his low back. 

At the time of the accident, the Plaintiff was off...

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30 Jan 2014

How Not to Get Paid Back By Your Insured

by Admin

Economical Mutual Insurance Company v. Montgomery, 2013 ONSC 6153

This case is a cautionary tale for insurers seeking to recover a settlement with the Plaintiff from their own insured following a denial of coverage.

Here, Sadie Montgomery allowed her unlicensed son, Randy, to drive the family vehicle around town. Ms. Montgomery and the vehicle were both insured, however Randy was not. On December 19, 2009, Randy struck a pedestrian who...

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