Legal Blog

01 Feb 2019

Insurer Estopped From Denying Coverage After Providing Defence

by Admin

The Commonwell Mutual Assurance Group v. Campbell, 2018 ONSC 5899

In April 2013, Shayne Campbell borrowed a dirt bike from his girlfriend’s father, who was the CEO of RCOMM Radio Inc, where Mr. Campbell also worked. The dirt bike was also registered to RCOMM Radio Inc.

As Mr. Campbell was driving the dirt bike, he turned abruptly in front of an ATV driven by Evan Rodger which then struck the dirt bike. Mr. Rodger fell, struck his head on...

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01 Feb 2019

Court Finds Plaintiff Not Credible, and Finds Injuries Pre-existing

by Admin

Gale v. Purcell, 2018 NSSC 319

The Plaintiff, Angela Gale was a mother of two who worked as a dental assistant in Dartmouth, Nova Scotia. However, in 2006, due to a motor vehicle accident, Mrs. Gale suffered injuries to her left arm, which led to a change in career to a receptionist position at a dental clinic.

On March 23, 2010, the Plaintiff was in a second motor vehicle accident, where her vehicle was rear ended on the McKay Bride in...

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01 Feb 2019

Future CPP Disability Benefits are Deductible Says Nova Scotia Court of Appeal

by Admin

Sparks v Holland, 2019 NSCA 3

This is an appeal of a decision that was featured in our October 2018 newsletter.

The respondent, Catherine Holland, was involved in a motor vehicle accident with the appellant, Josh Sparks. As a result of injuries suffered in the motor vehicle accident, she received Canada Pension Plan disability benefits. A motion was filed by the parties to have the Court decide whether past and future CPP benefits were...

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01 Jun 2018

Commercial parking garage does not owe a duty of care to teens who stole and crashed car

by Admin

Rankin (Rankin’s Garage & Sales) v. J.J., 2018 SCC 19

J and C were both minors and were drinking alcohol and smoking marijuana at C’s mother’s home. Sometime after midnight they left C’s mother’s home intending to steal valuables from unlocked cars. They entered an unsecure commercial car garage and checked for unlocked cars. C found an unlocked car and found the keys in the ashtray.  C did not have his license and had never driven on the...

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01 Jun 2018

Judge reduces costs awarded for damages because Plaintiff failed to mitigate her losses

by Admin

Ryan v. Curlew, 2018 NLSC 72

On January 11, 2010, Rosemary Ryan was driving her daughter’s car with her daughter as a passenger along Pitts Memorial Drive in Newfoundland. She moved to the left lane to allow room for traffic merging onto the highway when she was struck on her right side and then on her right rear bumper by Bernice Curlew’s vehicle. The court found that Ms. Curlew had been negligent when she collided with the Plaintiff.

Ms....

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