Legal Blog

01 Mar 2018

Holiday Trailer on Property Not Enough to Exclude Reliance on Vacancy Exclusion

by Jason Caissie

Taylor v. Co-operators General Insurance Company, 2017 ABQB 705

Randy Taylor lived in Fort Saskatchewan, Alberta and owned a rental property in Westlock, Alberta.  The rental property was rented to a married couple, who eventual separated, and ended their lease effective June 29, 2015. Mr. Taylor did not advise his insurer that the tenants had moved out and that the property was vacant.

Mr. Taylor decided to undertake renovations prior to...

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01 Mar 2018

Additional Insured Entitled to Independent Solicitor and Control of Own Defence

by Jason Caissie

Lefeuvre v. Boekee, 2017 ONSC 6874

The Plaintiff Randy Lefeuvre was seriously injured when he was a pedestrian on the side of the road that was struck by a vehicle. Mr. Lefeuvre started an action against the driver that struck him, along with two Municipalities (Durham and Clarington), the utility Company in charge of the street lights (Miller Maintenance) and a maintenance company in charge of road maintenance (Langley Utilities).

The...

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01 Mar 2018

Religious Ceremony Not Sufficient to Prove Insured was Legally Married

by Jason Caissie

Aviva Insurance v. Security National Insurance, 2017 ONSC 4924

On January 31, 2013 Mr. Bashir Ali suffered injuries while a passenger in a vehicle insured by Aviva. Mr. Bashir did not have his own motor vehicle insurance, however his wife, Ms. Shire, from whom he was allegedly separated from, did have a policy of insurance with Security National Insurance. There was a dispute between the two insurers as to who was required to provide Section...

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31 Jan 2018

Ruling on Costs

by Matthew Pearn

Armstrong v Lakeridge Resort Ltd., 2017 ONSC 6565

After a jury trial, the Plaintiffs was awarded damages in the amount of $68,250.00 and was entitled to partial indemnity costs. The parties could not agree on costs, and proceeded to a hearing to set costs.

The Plaintiffs state that they should be awarded $74,000.00 plus HST for fees and approximately $39,500.00 plus HST for disbursements, equaling a total amount of $128,617.00.

The...

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31 Jan 2018

New Brunswick Notice of Action filed four years after Nova Scotia limitation period

by Matthew Pearn

Gerald Doucet v. Dr. Sean Dennis Christie and Dr. Ciara Harraher, 2017 NBQB 185

Gerald Doucet underwent a nerve biopsy on December 3, 2009 in Halifax, Nova Scotia to confirm a diagnosis of chronic inflammatory demyelinating polyneuropathy. This requires the removal of a nerve from the left ankle. On December 3, 2009, Dr. Harraher mistakenly removed a tendon instead of a nerve. On December 4, 2009, Dr. Christie performed another biopsy to...

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