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05
Apr

Ontario Court Reviews Contractual Limitation Periods Set Out by Insurance Policy

Aviva Insurance et al v. Sahara Resturant, 2024 ONSC 1415  Reading Time: 4 minutes (approx.)  By: Alexandre Doucet (Articled Clerk)  On January 1, 2018, a water pipe in the sprinkler system of the Sahara Restaurant (the Restaurant) burst, causing damage to the Restaurant’s property and some of its contents. At the time of the incident,...
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05
Apr

Nova Scotia Court Reviews Its Discretion Under Limitations of Actions Act

Magee v. Lauzon, 2024 NSCA 23  Reading Time: 3.5 minutes (approx.)  By: Alexandre Doucet (Articled Clerk)  This matter arose from a motor vehicle accident on March 9, 2018, where the appellant, Charles Magee, crossed the centre lane and caused a head on collision with the respondent vehicle, which contained Paul Lauzon and his teenaged daughter...
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05
Apr

Courts Must Balance Right to a Jury Trial with Obligation to Deliver Justice Fairly and Efficiently

Boyce v. Waterloo Insurance Company, 2024 NSSC 54  Reading Time: 3.5 minutes (approx.)  By: Jadrien Hong & J. Charles Foster, K.C.  In 2016, Charles Boyce, the Plaintiff representing himself in this matter, filed a lawsuit claiming that he suffered lung and cognitive injuries from fumes leaking into the interior of his vehicle due to the...
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06
Mar

Nova Scotia Court Clarifies When Pre-Judgement Interest Begins Accumulating

Peters v. Great-West Life Assurance Company, 2024 NSCA 21 (Nova Scotia Court of Appeal)  Reading Time: 4 minutes (approx.)  By: Alexandre Doucet (Articled Clerk)  On November 22, 2015, David Peters was injured when he was struck on the head by a door while helping unload a commercial truck at his business. He was taken to...
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06
Mar

Nova Scotia Court Determines Car Ownership in Cases Without Vehicle Permits

Burke v. Wadden, 2024 NSSC 49  Reading Time: 4.5 minutes (approx.)  By: Alexandre Doucet (Articled Clerk)  The Plaintiff, Devon Burke, was involved in a single-vehicle accident as a passenger in a vehicle driven by Charles Wadden which left him severely injured. Mr. Wadden had purchased the vehicle a few months before the accident from All-Star...
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06
Mar

Air Canada Found Liable for Negligent Misrepresentation by Chatbot

Moffatt v. Air Canada, 2024 BCCRT 149 (CanLII) Reading Time: 5 minutes (approx.) By: Jadrien Hong & J. Charles Foster, K.C. On November 11, 2022, Jake Moffatt (the Applicant) visited Air Canada’s website to book a last-minute flight to Toronto due to the death of a close family member. The Applicant sought information regarding Air...
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02
Feb

Ontario Superior Court of Justice Cautions Contracting Parties to Carefully Consider Documenting Actions and Agreements

Campus Contracting Inc. v. Torbear Contracting Inc., 2023 ONSC 6782  Reading Time: 4 Minutes (approx.)  By: Alexandre Doucet (Articled Clerk)  The Plaintiff, Campus Contracting Inc., entered into a contract dated December 22, 2005 (“the Contract”) with the Defendant, Torbear Contracting Inc., to provide material and labour for the installation of high-pressured concrete watermains and sewers...
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02
Feb

Nova Scotia Court of Appeal Reiterates Plaintiff Bears Onus on Scope of Soft Tissue Injuries

Cameron v. Pratt, 2023 NSCA 90  Reading Time: 4 Minutes (approx.)  By: Alexandre Doucet (Articled Clerk)  On August 3, 2017, Robert Pratt (Plaintiff in the underlying matter, Respondent in the appeal) was travelling on Brunswick Street in Truro, Nova Scotia on his motorcycle. David Cameron was parked along the shoulder of the road in a...
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02
Feb

Notification of Incident Does Not Equate Notification Of Injury

Jakupovic v Intact Insurance Company, 2023 CanLii 122890 (CANLAT)  Reading Time: 3 minutes (approx.)  By: Krista Nasartschuk (Articled Clerk)  The Ontario License Appeal Tribunal has determined that notification of a motor vehicle accident does not equate to a notification of injury for the purposes of applying for statutory accident benefits.  Hussein Jakupovic, the Applicant, was...
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