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Legal Blog

02 Jul 2020

Action under Family Protection Endorsement Dismissed Due To Significant Benefits from Other Sources

by Admin

Burke Estate v. Royal and Sun Alliance Insurance Company of Canada, 2020 NBQB 74

In 2000, Michael Burke was involved in a motor vehicle accident when an oncoming vehicle crossed the centerline and collided head-on with Mr. Burke's tractor-trailer. The driver of the other vehicle was killed, and Mr. Burke sustained serious personal injuries.  Mr. Burke was not wearing his seatbelt when the accident occurred.

The evidence suggests the other...

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02 Jul 2020

Inconsistencies between French and English Versions of Policy Result in Insurer’s Duty to Defend

by Admin

Chiasson et al. v. Intact Insurance Company, 2020 NBCA 37

Jean-Francois Chiasson attended a high school graduation party at an establishment known as the ‘Beach Club’ in Pointe-Calumet, Quebec. A physical altercation ensued between two groups, with one individual suffering injuries. Police attended but did not lay criminal charges.

The injured party brought a civil action against Jean-Francois, his parents Hector and Anna Chiasson, and...

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02 Jul 2020

NSCA Strikes Certification of Personal Injury Claims in Tainted Cannabis Class Action Lawsuit

by Admin

Organigram Holdings Inc. v. Downton, 2020 NSCA 38

On April 30, 2020, the Nova Scotia Court of Appeal overturned in part the Nova Scotia Supreme Court’s decision to certify a class action against Organigram Inc., a medical cannabis manufacturer located in Moncton, New Brunswick.

The proposed action involved a class of people who had purchased medical cannabis that was recalled because it was found to have been treated with unauthorized...

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02 Jun 2020

Territorial limitation bars Plaintiff from recovery for auto accident in Philippines

by Médérik Menard

Wage v. Canadian Direct Insurance Inc., [2020] A.J. No. 139, 2020 ABCA 49

Ms. Leizle Wage was vacationing in the Philippines when she was struck and killed by a motorcyclist. Her husband made a claim to her automobile insurer, Canadian Direct Insurance Inc., for coverage from the Section B and SEF No. 44 portions of this policy.

Canadian Direct denied coverage on the basis that the motor vehicle accident which killed Ms. Wage was not “in...

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02 Jun 2020

Improperly cancelled policy leaves insurer liable

by Médérik Menard

Allstate Insurance Co. v. Her Majesty the Queen, 2020 ONSC 830

Allstate Insurance Company issued Mr. Daniel Miller an automobile insurance policy in July of 2012. In April of 2013, the policy was cancelled due Mr. Miller not paying his premiums. In March of 2014, Mr. Miller paid the amount owing on the cancelled policy and applied for a new insurance policy. The new policy was issued to Mr. Miller and was effective from March 22, 2014 to...

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