Legal Blog

04 Jan 2015

It Ain’t Over Till It’s Over: Judge Orders Plaintiff to Return to Discovery

by Admin

Mercer v. Cronin, 2014 NBQB 207

Paul Mercer brought an action against Peter Cronin after a motor vehicle collision allegedly left Mercer with very serious injuries.  Beginning on October 19, 2006, the Examination for Discovery of Mercer took place, continuing on November 9, 2006 and June 8, 2007. 

During each examination, including the final one of these three, Mercer’s lawyer gave several undertakings.  At the end of the last of these...

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01 Dec 2014

Can Our Courts Force Plaintiffs to Attend Vocational Assessments?

by Admin

Ziebenhaus v. Bahlieda, 2014 ONSC 138

In two separate actions, Defendants applied to the Ontario Superior Court for an order compelling the Plaintiff to undergo assessments, in one case a vocational assessment by a certified vocational evaluator and in the other, a functional capacity evaluation by a chiropractor.

In Ontario, Section 105 of the Courts of Justice Act set out the scheme whereby a court can order a party to undergo a medical...

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01 Dec 2014

Despite Making Daily Visits to Renovate Vacant Home, Owner Denied Insurance

by Admin

Coburn v. Family Insurance Solutions, 2014 BCCA 73

The insureds, Mr. and Mrs. Coburn owned a rental property with long term tenants who moved out January 1, 2011. The Coburns decided to renovate the property, with most renovations done by Mr. Coburn. Mr. Coburn was at the property 8 to 12 hours per day, and on one occasion slept at the residence.

The Coburns spoke to their broker, who told them if the property was vacant longer than 30...

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01 Dec 2014

Loss of Future Earning Capacity Not Available to Estate of Deceased Plaintiff

by Admin

The Estate of Caroline Higgins v. David Arseneau, 2014 NBCA 65

In 2010, Caroline Higgins was killed while jogging in Saint John when she was struck by a motorcyclist. Ms. Higgins had no dependent children or husband when she died to sue thedefendant for loss of support. However, her Estate commenced an action in its own right against the motorcyclist, seeking the income which the deceased would have earned during the remainder of her working...

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03 Nov 2014

The Change in Farming: Are ATVs Off-Road Vehicles or Farming Implements?

by Admin

Matheson v. Lewis, 2014 ONCA 542

Arthur Matheson spent his life raising sheep and cattle on his farm. In 1997, Mr. Matheson purchased an All-Terrain Vehicle (“ATV”) for use while farming. On October 11, 2008, Matheson was driving his ATV on the road to travel less than a kilometer from his house to where his sheep were kept. While driving on the road, Matheson was struck from behind by a truck driven by Gary Lewis. The collision left...

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