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Legal Blog

01 Jun 2014

From Bad to Worse: Insurers Accused of Bad Faith Face New Defence Costs

by Admin

Wade v. Wawanesa, 2014 NBQB 96

This April 14, 2014 decision from New Brunswick’s Court of Queen’s Bench, (presently under appeal) may force all insurers to conduct new, costly and time-consuming production of documents when their insureds accuse them of ending insurance benefits in bad faith.

In 2005, Shirley Wade was involved in a motor vehicle accident and suffered injuries.  Ms. Wade’s insurer, Wawanesa Mutual Insurance Company, began...

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30 Apr 2014

City Can Have its Cake and Eat it, Too

by Admin

Zhou v. Markham et al., 2014 ONSC 435

After a long, icy winter which has no doubt obliterated most municipal snow removal budgets, cities are overdue for some good news when it comes to slippery sidewalks. This decision may be that good news.

In March 2011, Mr. Jun Zhou allegedly slipped, fell and injured himself while walking on a sidewalk owned by the City of Markham (the "City"). The sidewalk cleaning was contracted out by the City to...

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30 Apr 2014

Drivers in Parking Lots Have a Duty to Watch Out for Pedestrians

by Admin

Russell v. Parks, 2014 BCCA 104

In August 2008, Leonard Russell was walking through a strip mall parking lot along a pedestrian walkway running next to a number of parking spaces. The walkway and the parking spaces were separated by a concrete barrier. Russell stepped over the barrier into one of the parking spots, and, while he was looking down, was struck by the defendant motorist, Kenneth Parks, as he drove into the same spot. 

Parks...

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30 Apr 2014

Untold Riches: Past Settlements Paid to Plaintiff Will Remain Hidden

by Admin

Hermitage-Kilkenny v. Morris, 2013 NBQB 407

In July 2010, Julia Hermitage-Kilkenny was allegedly injured in a motor vehicle accident. She commenced a civil action against the driver of the other vehicle. At her Examination for Discovery, Ms. Hermitage-Kilkenny was asked by the Defendants' lawyers about two prior motor vehicle accident claims she had brought. Both prior claims had settled by way of lump sum payment (i.e. no amounts...

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31 Mar 2014

Keepin’ it Under Wraps: Claim Investigation and Litigation Privilege

by Admin

Penetta v Retrocom et al. 2013 ONSC 2386

Litigation privilege is often claimed by parties in a lawsuit as a means to protect documents important to their strategy in the lawsuit. This privilege exists to protect against the disclosure of documents created by parties who are entering into, or who are contemplating entering into, litigation. Once privilege is claimed, the document need not be shared with the opposing party. Counsel does not...

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