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Legal Blog

31 Mar 2014

Just a Little Delay! 22-Year-Old Case Will Go Ahead

by Admin

Brown v Wawanesa Mutual Insurance Co. 2013 SKQB 443

Despite extreme delay, the Plaintiff in this case will get the chance to pursue a decades old claim against their insurer at trial. When the Plaintiffs’ loss occurred, Nirvana and MC Hammer were still topping the charts. In February 1992, the home of Mr. and Mrs. Brown was destroyed by fire. Coverage was denied by Wawanesa Mutual, alleging the fire was caused by arson.

Although the Judge...

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31 Mar 2014

The Return of the Ex…Insured

by Admin

Co-operators General Insurance Company v. Wawanesa Mutual Insurance Company, 2014 NSSC 23

Despite not having insured a business since 2005, the Co-Operators have been ordered to defend a claim filed in 2013.

In 2004, Mark Wile Plumbing and Heating (“Wile Plumbing”) installed an expansion tank for the hot water heating system in a cottage in Lunenburg, Nova Scotia. In 2011, the cottage owners discovered that the expansion tank had fallen,...

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28 Feb 2014

The Six Million Dollar Concussion: when seemingly innocuous events have tragic consequences

by Admin

Wallman v John Doe 2014 BCSC 79

The Plaintiff, a 53 year old emergency room physician and real estate investor, was rear-ended by a bus, causing very little damage to either vehicle. Following the accident, the Plaintiff exchanged information with the bus driver and continued on to work.  Later that morning he felt confused and unwell.  He was diagnosed with a concussion, and taken off work. 

The Plaintiff continued to experience symptoms...

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28 Feb 2014

Balancing Relevance and Privacy: The Great Facebook Debate

by Admin

Conrod v Caverley, 2014 NSSC 35

Requests for the production of Facebook and other social media information are gaining prevalence in both oral and documentary Discovery. In this case, the Nova Scotia Supreme Court considered an application by the Defendants to compel the Plaintiff to produce her personal Facebook profile. The action arose out of a motor vehicle accident. The Plaintiff claimed that in addition to affecting her ability to...

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28 Feb 2014

Plaintiff failed to prove causation for ongoing disability

by Admin

Carroll v Leblanc, 2013 NBQB 393

The Plaintiff sustained soft tissue injuries in a motor vehicle accident on January 15, 2003, prior to the enactment of the cap on general damages.  The Plaintiff had a pre-existing elbow injury, described as “tennis elbow”, and a history of depression. After the accident, the Plaintiff had two slip and falls, and also developed a growth on his low back. 

At the time of the accident, the Plaintiff was off...

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