Legal Blog

02 Dec 2018

Court Penalizes Insurer for Failing to Properly Explain to Insured Its Denial of His Claim.

by Andrew Moss

Augspols v G. Bates Plumbing and Intact Insurance Co., 2018 ONSC 7038

In 2007, Arnie Augspols found water in his basement. Mr. Augspols hired a plumber, who discovered and repaired a broken pipe. In 2010, sewage backed up into Mr. Augspols’ basement through a floor drain.  He hired another plumber, who replaced the sanitary line going into the house. In 2016, Mr. Augspols noticed one side of his basement floor was sinking. Because of the...

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02 Dec 2018

Insurer Must Indemnify Church for Compensation Payments Made to Abuse Victims.

by Andrew Moss

Aviva Insurance Company of Canada v. L’Évêque Catholique Romain de Bathurst, 2018 NBCA 64.

In 2002, Valéry Vienneau was appointed Bishop of the Roman Catholic Diocese of Bathurst.   Soon thereafter, Mr. Vienneau was contacted by individuals alleging Fathers Charles Picot and Levi Noel had sexually abused them.  The RCMP charged and tried both Picot and Noel.  As a result of the publicity, more alleged victims of abuse came forward.  The...

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02 Dec 2018

Supreme Court of Canada Transfers Life Insurance Proceeds from Named Beneficiary to Insured’s Former

by Andrew Moss

Moore v Sweet, 2018 SCC 52

Lawrence and Michelle Moore married and had three children together. In 1985, Lawrence purchased a term life insurance policy with $250,000.00 in coverage.  Lawrence designated Michelle as the revocable beneficiary and paid the premiums from the Moores’ joint bank account.  In 2000, the Moores separated.They agreed orally that Michelle would assume payment of the life insurance premiums and receive the proceeds...

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31 Oct 2018

Court Refuses to Find Implied Consent of Mother when Unlicensed Son Drove Vehicle

by Jason Caissie

Michaud-Shields v. Gough, 2018 ONSC 4977

Justin Gough’s license was suspended in 2005.  He was living with his parents at that time, and his Ford F150 pickup truck sat unused until 2009, when his mother, Nancy Gough, had the truck transferred into her name and insured it. 

On June 30, 2012, Nancy and her husband Daniel were away, and left the keys to the F150 on a hook by the front door.  Justin, who’s license remained suspended, was...

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31 Oct 2018

Insurer Estopped from Denying Coverage After Defending Claim for Three Years

by Jason Caissie

Bradfield v. Royal and Sun Alliance Insurance Company of Canada, 2018 ONSC 4477

On May 29, 2006, Mr. Devecseri was the lead motorcyclist in a group which included the Plaintiff Jeffrey Bradfield.  Mr. Devecseri crossed into the opposite lane of traffic, collided with an oncoming car and was killed instantly.  Jeffrey Bradfield was also hit in the collision and injured. 

Mr. Devecseri was a holder of an M2 drivers license at the time, which...

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