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Legal Blog

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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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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01 Mar 2020

No benefits when insured is killed in motor vehicle accident overseas

by Admin

Wage v. Canadian Direct Insurance, 2020 ABCA 49

Leizle and Al-Reshman Wage resided in Alberta and were insured by Canadian Direct Insurance pursuant to a standard automobile insurance policy, including an SEF 44 Family Protection Endorsement.  Pursuant to an SEF 44 endorsement, the insurer agrees to pay compensatory damages to the insured if they are injured or killed by an inadequately insured motorist.  While vacationing in the...

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