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Legal Blog

02 Feb 2015

Call Centre Employee Not Too Disabled To Work

by Admin

Bezanson v. Sun Life Assurance Co. of Canada, 2015 NSSC 1.

Colleen Bezanson began working at a Halifax-area Staples Business Depot call centre in April of 2000. Her job involved making and receiving calls as a telemarketer while sitting at a computer. Staples gave her a script to follow and required her to be punctual and pleasant.

In August of 2007, Bezanson awoke with severe back pain. She ceased working at Staples and never returned....

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02 Feb 2015

Mind the Gap! Landlord Liable for Injury Caused by Crack in Walkway

by Admin

Hickey v. New Brunswick Housing Corporation, 2014 NBCA 36.

60-year-old Eva Hickey is a longtime tenant of a New Brunswick Housing Corporation (NBHC) apartment building in Dalhousie. Her lease agreement instructed Ms. Hickey to report any damage or need for repair of the building to NBHC. Since she first moved into the building in 1987, Ms. Hickey made over 70 reports to the NBHC.

One such problem concerned the passageway between her...

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04 Jan 2015

Owner Cannot Limit Liability When Loaning Out an ATV to a Negligent Driver

by Admin

Fernandes v. Araujo, 2014 ONSC 6432

The Plaintiff, Ms. Fernandes, and the Defendant, Ms. Araujo, were visiting a farm owned by a Mr. Almeida helping him with farm work. After they finished helping, Fernandes and Araujo were given permission by Almeida to drive his ATV on the farm but were told not to leave farm property. Fernandes and Araujo left the farm property on the ATV and were in a roll-over accident on a public road near the farm....

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04 Jan 2015

Negligent Driver in 1st Accident Held Liable for 2nd Accident at the Same Scene

by Admin

Maguire v. Padt, 2014 ONSC 6099

The defendant Suzanne Padt was driving near Toronto when she drove through a whiteout and lost control of her vehicle. Padt’s vehicle went off the road and overturned in a ditch, but she and her infant daughter were unharmed. 

Soon after Padt’s accident, four good Samaritans and one police officer stopped to assist her. Padt and her daughter went to sit in the police car. Three of the good Samaritans were...

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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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