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Legal Blog

02 Sep 2020

Defendant Must Pay Half the Interest on Litigation Loan Used for Plaintiff’s Medical Expenses

by Erika Hachey

McIntyre v. Matthews, 2020 NBCA 52

Ms. Matthews was injured when her vehicle was rear-ended by Ms. McIntyre’s vehicle.  Ms. McIntyre admitted liability for the collision.  A 15-day trial was held to assess Ms. Matthews’ damages.

At the close of trial, Justice McNally granted Ms. Matthews’ judgment for $616,689.00 total.  The judgment included a sum for Ms. Matthews’ loans, and interest on the loans, from a litigation loan company, Seahold...

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02 Sep 2020

Lawyer’s letter admitted as evidence

by Erika Hachey

Fraser v Runighan, 2020 PECA 5

Following a motion at the Prince Edward Island Court of Appeal, the solicitors for Fraser and Runighan were negotiating costs. An offer to settle was sent from Runighan to Fraser, and a letter followed from Runighan. The letter did not mention the offer to settle, and stated that Runighan intended to include the letter in their submissions to the Court of Appeal.

However, when submissions were made, Runighan...

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02 Sep 2020

Signed Waiver Inadequate to Get Action against Trampoline Park Dismissed

by Erika Hachey

Zaky v. 2285771 Ontario Inc., 2020 ONSC 4380.

In 2014, Rafik Zaky attended Sky Zone trampoline park. On the night in question, Mr. Zaky arrived shortly after 8:00 pm, and his friends were already using the equipment. Sky Zone booked equipment in one-hour blocks. The Sky Zone employee told Mr. Zaky to complete an electronic waiver at a nearby computer kiosk.  According to Mr. Zaky, the Sky Zone employee told him to complete the waiver...

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25 Aug 2020

J. Charles Foster, Q.C. has been inducted into the Canadian Academy of Distinguished Neutrals

by Admin

We are pleased to announce that J. Charles Foster, Q.C. has been inducted into the Canadian Academy of Distinguished Neutrals (CADN).

J. Charles Foster, Q.C. is the Principal and Senior Lawyer at Foster & Company, a litigation firm he created in 1997.  His practice focuses primarily on complex corporate and commercial litigation as well as insurance defence and mediation. 

J. Charles Foster, Q.C. is a highly skilled, successful, and...

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04 Aug 2020

Court Orders Insured to Participate in Statutory Appraisal Process

by Andrew Moss

Kenney v Johnson Inc., 2020 NSSC 196

This case arises from a housefire that occurred in November of 2017. The home belonged to Ms. Bernice Kenney and was insured by Unifund Assurance Company.

After the fire, Ms. Kenney made a claim to Unifund under the policy.  The parties settled the claims for the contents of the house and Ms. Kenney’s additional living expenses resulting from the fire.  In addition, Unifund paid Ms. Kenney the actual...

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