Notice to Clients Regarding COVID-19

Legal Blog

02 Feb 2020

Man receives 100% of wife’s insurance policy after killing her during schizophrenic episode

by Médérik Menard

Maidment v. Forbes, 2020 NSSC 16

Richard Maidment and Sarabeth Forbes had been in a common law relationship since 2007. The couple had one child together, a boy named Devon. In 2015, Sarabeth applied for a life insurance policy through Cooperators Life. Sarabeth listed Richard as her primary beneficiary and her mother as a trustee for Devon as her contingent beneficiary should both Sarabeth and Richard die before Devon reached the age of...

Read More
02 Feb 2020

It’s all fun and games until someone gets hurt

by Médérik Menard

Casterton v. MacIsaac, 2020 ONSC 190

On March 15, 2012, in the final seconds of a hockey game in a noncontact league, the Plaintiff was hit blind sided by a player from the opposite team. The Plaintiff had his head down and was not expecting the hit, while the Defendant had his arms up, fully anticipating the collision. Upon impact, the Plaintiff lost consciousness, broke his two front teeth, suffered a concussion and sustained multiple...

Read More
05 Jan 2020

Driver partly liable for accident despite entering intersection on green light

by Catherine McLatchie

Savoie v Bell-Authier & Benoit, 2019 NBQB 277

On January 8, 2013, Brian Benoit was driving along Mountain Road in Moncton with passenger and Plaintiff, Karine Savoie.  He approached the intersection with West Lane traveling approximately 50 to 60 kmph.   Mr. Benoit was only about two car lengths away from the intersection when he noticed the red traffic light and started to brake.  When he reached the stop line, the light changed to green. ...

Read More
05 Jan 2020

Action for Section B benefits barred by policy’s limitation clause

by Catherine McLatchie

Shanks v TD et al, 2019 NBQB 269

The Plaintiff, Bruce Shanks, was involved in two motor vehicle accidents.  The first accident occurred September 28, 2007.  The second occurred November 30, 2007.  Mr. Shanks was insured by the Defendant, TD Home and Auto Insurance Company (hereafter “TD”) pursuant to a SPF No. 1 Standard Automobile Insurance Policy.

Mr. Shanks was injured in the accidents and applied to TD for medical expenses and income...

Read More
05 Jan 2020

Insurer must pay fees for expert retained by insured to quantify loss

by Catherine McLatchie

Be In Christ Church of Canada O/A Welland Brethren in Christ Church v Intact Insurance Company, 2019 ONSC 7412

On February 24, 2019, a fire broke out at the premises of Be in Christ Church of Canada (hereafter the “Church”).  The Church had a valid insurance policy with Intact Insurance Company (hereafter “Intact”), which included coverage for professional fees.

Intact retained EllisDon to prepare a scope document on repairs to the...

Read More