Legal Blog

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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30 Jan 2014

Excess Insurer Wins Tug of War with Primary Insurer over Defence Costs

by Admin

ACE INA Insurance v. Associated Electric & Gas Insurance Limited, 2013 ONCA 685

In this case the primary insurer (ACE INA) looked to the excess insurer (AEGIS) to contribute to legal defence costs in a $50 million dollar class action lawsuit.

In 2008, two electrical transformers belonging to the Toronto Hydro Corporation allegedly exploded in the basement of a Toronto high rise building, causing fire damage. The 900 tenants of the high...

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30 Jan 2014

Same Loss, Different Parties: Who Controls the Court?

by Admin

Raso v. Home Depot of Canada Inc., 2013 NLTD 153

Who will control a court case when both the insurer and the insured have valid claims for losses caused by the same defendant arising out of the same incident? In this case, the Courts in Newfoundland decided in favour of the insurer.

Frank and Thelma Raso had leaks in their roof which was installed by Home Depot. They made a claim under their insurance policy with The Dominion of Canada...

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