Legal Blog

05 Aug 2014

Enormous Bad Faith Award Puts Long-Term Disability Insurers on Notice

by Admin

Industrial Alliance Insurance and Financial Services Inc. v. Brine 2014 NSSC 219

This recent judgment holds the long-term disability insurer Industrial Alliance Insurance and Financial Services Inc. (“Industrial”) to account for years of unfair treatment of its insured, Bruce Brine. The court ordered Industrial to pay Brine

  • $500,000 in punitive damages,
  • $150,000 in aggravated damages,
  • $62,036.81 for breach of contract, and
  • ...
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01 Jul 2014

Car Lot Owner Could Be Liable for Car Thief’s Actions Ten Days Later

by Admin

Matharu v. Manheim, 2014 ONSC 3459

In 2012, Herbeth Medina stole a car from a car lot owned by the Manheim Auto Auctions Company. Ten days later, Medina was driving the stolen car and got into a car accident causing serious injuries to the Matharu family, who were travelling in another vehicle. The Matharus brought an action against Manheim and its insurer. Manheim brought a Motion for Summary Judgment stating the Matharus claim was without...

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01 Jul 2014

Burying the Past: Plaintiff Ordered to Produce Expert Report from Prior Lawsuit

by Admin

Mark Parlee v. Aviva Insurance Company of Canada, 2014 NBQB 116

Mark Parlee was injured in a two-car crash on December 17, 2009. He started a court action against the driver of the other vehicle which eventually settled. When Mr. Parlee was unable to return to work after the accident, he requested that his Section B insurer, Aviva, pay him weekly indemnity payments. Three years later, Aviva stopped paying and Mr. Parlee argued he was still...

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01 Jul 2014

When The Deal Goes Sour Mediation Discussions Won’t Be Kept Quiet

by Admin

Bombardier Inc. v Union Carbide Canada Inc., 2014 SCC 35, 239 ACWS (3d) 941

Companies and their insurers rely on private mediators to settle lawsuits partly because what is discussed at mediation stays confidential. This ensures that business strategy stays under wraps and public scandal for mistakes is avoided. However, this Spring the Supreme Court of Canada carved out an important exception to the promise to keep these discussions...

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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...

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