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Legal Blog

06 Apr 2021

Exacerbation of injury is correct measure of damages in a crumbling skull case

by Justin Szmadyla

This article was originally published by The Lawyer’s Daily (www.lawyersdaily.ca), part of LexisNexis Canada Inc.

In the case of Boyetchko v. Mentias 2021 BCSC 172, the plaintiff, Lynn Boyetchko, was involved in two separate motor vehicle accidents over three years apart. In both accidents she was a seat-belted front seat passenger in a vehicle that was rear ended. The defendants in each action admitted liability for the accidents and that...

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08 Mar 2021

New Tort of Internet Harassment

by Justin Szmadyla

Caplan v Atas, 2021 ONSC 670

Over a period of more than 20 years, Nadire Atas carried out a campaign of malicious harassment and defamation against those towards whom she bore grudges, including their family members and associates.  In the 1990’s when the harassment began, it was done by letter mail but as time passed it transitioned to being waged by internet postings and email.  The targets of her assault were parties involved in her...

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08 Mar 2021

A “true” crumbling skull

by Justin Szmadyla

Boyetchko v Mentias 2021 BCSC 172

The Plaintiff in this case was involved in two motor vehicle accidents, the first on October 1, 2015 when she was a front seat passenger in a vehicle that was rear-ended, and the second on November 23, 2018, when she was also a front seat passenger in a vehicle that was rear-ended.  Liability was not in issue in either accident.  As a result of significant pre-existing health conditions, the defendants...

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08 Mar 2021

Does an insured void his or her automobile insurance if they accept gas money from a passenger?

by Justin Szmadyla

Bonn v Echelon Insurance 2021 NSSM 2 (Small Claims)

On March 21, 2017, the insured was offered gas money from an acquaintance if the insured agreed to drive the acquaintance from Dartmouth, Nova Scotia to his home in North Preston.  At the end of that ride, the acquaintance stole the insured’s vehicle at gunpoint.  The insured made a claim to the insurer which was denied on the basis that the insured had voided the policy by transporting...

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