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Legal Blog

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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01 Jun 2014

Court Rules Overzealous Policeman is Not Above Traffic Laws

by Admin

Watkins v Dormuth, 2014 BCSC 543

On the morning of March 4, 2007 Erika Watkins, 27, was driving to her job at the Elk Falls pulp and paper mill in Campbell River, BC.  At the same time, Constable David Dormuth of the RCMP was en route to investigate the activation of a ‘bait car’ (a vehicle intentionally parked in an area with frequent auto thefts for the purpose of enticing and capturing car thieves).

Ms. Watkins was proceeding north on...

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01 Jun 2014

No Licence, No Problem! Insurer Must Defend Driver Without a Licence

by Admin

Kozel v Personal Insurance Co, 2014 ONCA 130

This decision may force automobile insurance companies to insure clients who cause an accident while driving with a lapsed driver’s licence.

While vacationing in Florida, 77 year old Barbara Kozel of Ontario was involved in an accident with motorcyclist Arthur Grimes.  Mr. Grimes was seriously injured.

Mr. Grimes commenced a civil action against Ms. Kozel.  Her insurer, The Personal Insurance...

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