Legal Blog

02 Oct 2018

Future CPP disability benefits are not deductible from loss of earnings

by Jason Caissie

Holland v. Sparks, 2018 NSSC 136

Catherine Holland suffered injuries as a result of a motor vehicle accidents in May 2013.  She commenced an action against the allegedly at fault driver, the Defendant Josh Sparks.

Following her motor vehicle accident, the Plaintiff started receiving CPP disability benefits, which she was continuing to receive as of the date of the motion.

The Plaintiff filed a motion with the Court to settle a question...

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04 Sep 2018

Subcontractors Found to Be Covered Despite Not Being Named Insured In Liability Policy

by Jason Caissie

Surespan Structures Ltd. V. Lloyd’s Underwriters, 2018 BCSC 1058

Stantec Engineering purchased a Liability Policy related to a contract to design and build two hospitals with parkades in British Columbia.   The application for insurance included an attached list of subcontractors as additional insureds.

At the time of the application, it was believed that Stantec would be designing the parkades, however, the design was later contracted to...

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04 Sep 2018

Statutory Benefits Provided Where Insured Injured When Pushed While Closing Van Door

by Jason Caissie

North Waterloo Farmers Mutual Insurance Co. v. Sama, 2018 ONSC 2143

Khuram Samad was driving his 2006 Dodge Caravan on December 13, 2012 as a taxi, when he picked up two passengers at a grocery store.  Mr. Samad got into an argument with the passengers, which led to the front seat passenger punching Mr. Samad, and the passengers being asked to leave.

The passengers left the vehicle, but left the rear sliding door open.  Mr. Samad, with the...

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04 Sep 2018

Requirement of Physical Contact under SEF No. 44 Endorsement Upheld by Court of Appeal

by Jason Caissie

Funk v. Wawanesa, 2018 ABCA 200

This is an appeal of a decision we previously covered in October, 2017. 

On May 20, 2008, Mr. Funk was operating his vehicle at night when an oncoming vehicle crossed the center line into Mr. Funk’s lane of travel.  Mr. Funk took evasive action and managed to avoid a collision, but his own vehicle rolled over into a ditch and Mr. Funk suffered injuries.  The other vehicle drove off and was never identified.

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08 Aug 2018

Dispute over ownership of car and coverage stop court from ordering summary judgment

by Matthew Pearn

Bourgeois v. Economical Mutual Insurance, 2018 NBQB 85

On August 30, 2015, the defendant Clarke Hannah struck the pedestrian Shawn Bourgeois while Hannah was driving a 2004 Mazda MPV. The plaintiff Bourgeois brought a claim against Hannah and also against Don's Used Cars as the registered owner of the Mazda.

There was a dispute over ownership of the Mazda, and whether ownership had transferred from Don's Used Cars to Hannah by the time of...

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