Apostolidis v. Canadian Northern Shield Insurance Co., 2018 BCSC 481
The 78-year-old widower Plaintiff owned a large home in Kelowna that he insured with Canadian Northern Shield Insurance (hereafter “CNS”). The Plaintiff was away overnight at a Casino when the house fire occurred. The plaintiff swore a proof of loss in respect of the damage to the house, claiming $425,000. CNS denied the Plaintiff’s claim. CNS alleged the Plaintiff, or...
In 2009, the Plaintiff, 84-year-old Maria Persampieri, was a passenger in a motor vehicle that was rear-ended. The Plaintiff brought an action against the Defendants for damages. Defendants’ counsel gave the Plaintiff two options: withdraw the action on a without costs basis or proceed to trial.
At the mandatory pre-trial mediation, the Defendants admitted liability in exchange for the Plaintiff limiting...
Despres v. MacDonald Crane Service Ltd. et al., 2018 NBCA 13
The Plaintiff, Robert Despres, was injured in a workplace accident in September 2009 when his hand was crushed between a crane bucket and a building. As a result of the accident, the Plaintiff suffered pain and discomfort in his right thumb and hand. This evolved into Chronic Regional Pain Syndrome (hereafter “CRPS”).
The Plaintiff’s pre-accident medical history consisted of...
In March 2010 Monica Bent was injured in a motor vehicle accident whereby she suffered various injuries. By the date of trial, she was in receipt of Canada Pension Plan Disability benefits and Section B weekly indemnity benefits as a result of her injuries and pre-existing multiple sclerosis.
At trial, the Plaintiff put forward a claim in excess of $550,000, a large percentage of which was for loss of...
Douglas v Stan Fergusson Fuels Ltd., 2018 ONCA 192
The Ontario Court of Appeal this month overturned an earlier appeal ruling in a case involving an insurer’s right to subrogate a claim in the name of an undischarged bankrupt. In January 2008, Stan Fergusson Fuels Ltd. delivered more than 600 litres of fuel oil to an outdoor tank at the home of Art and Wendy Douglas. Somehow the entire shipment of oil escaped and contaminated the Douglas’...
