Legal Blog

01 Jul 2019

Taxi driver granted summary judgment in claim for damages caused by stolen vehicle.

by Admin

Richard v. Manuel et al, 2019 NBQB 79

On the evening of March 31st, 2017 Mr. Gorman was driving for Gorman’s Taxi. He noticed that the wheels of his taxi were quite muddy and decided to bring his car back to his garage to wash it. After washing the car, he opened the garage door and backed his vehicle outside. He shut off the ignition but left the keys in it while he walked over to close the garage door and lock the door on the side of the...

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02 Jun 2019

Top Court Denies Leave to Appeal Decision on Coverage for Historic Abuse Cases.

by Matthew Pearn

Aviva Insurance Company of Canada v Évêque Catholique Romain de Bathurst, [2018] S.C.C.A. No. 525 (On appeal from New Brunswick, case 2018 NBCA 64)

This case arose in response to a series of individual claims brought by the victims of sexual abuse perpetrated by priests in the Diocese of Bathurst from the late 1950s to early 1980s. Claims were brought against the Diocese after the criminal conviction of two priests.

The Diocese's insurer,...

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02 Jun 2019

Seasonal Worker Not Entitled to Section B Benefits

by Matthew Pearn

Temple v. Aviva Insurance Company of Canada, 2019 NLSC 80

Paul Temple, a passenger in a vehicle insured by Aviva, sustained injuries as a result of a motor vehicle accident on April 22, 2012.

Mr. Temple was not actively working at the date of the accident, however he had been working seasonally on different fishing vessels for several years prior to the accident. Mr. Temple made a claim for Section B weekly indemnity benefits from Aviva.... Read More

02 Jun 2019

Plaintiff’s Injuries Not Subject to $2,500 Cap, Judge Awards $90,000 in General Damages

by Matthew Pearn

McDonald v. Martin, 2019 NBQB 91

Margaret McDonald was 44 years old when she was thrown from a motorcycle driven by her boyfriend, Mr. Martin, when he lost control of the vehicle. Prior to this accident, she was described as being active, athletic, and in overall good health.

As a result of the crash, she sustained road rash and fractures to her pelvis, left elbow and three ribs. Ms. McDonald also suffered from several pre-existing...

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02 May 2019

Summary Judgment motion dismissed after evidence left unanswered questions

by Catherine McLatchie

Garrity v The City of Saint John 2019 NBQB 27

On July 6, 2016, the Plaintiff, Patricia Garrity, was driving her vehicle in an easterly direction on Duke Street in Saint John, New Brunswick when she approached an intersection with Sydney Street. Ms. Garrity did not make any attempts to stop her vehicle at this intersection and was struck by a driver of another vehicle who was traveling in a northerly direction on Sydney Street.

Ms. Garrity...

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