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Legal Blog

03 Nov 2020

Defendant disputes allegation that her vehicle contacted the Plaintiff’s vehicle at Tim Horton’s

by Andrew Moss

Bobby Hogue v. Mary Hope Goodine, 2020 NBQB 164.

On April 30, 2016, Mary Goodine attended the drive-through of the Tim Horton's location on Plaza Boulevard in Moncton.  She was driving her Kia Rio, and a friend sat in the front passenger seat.  After they received their food, Ms. Goodine drove toward the parking lot exit to Plaza Boulevard.  She proceeded slightly beyond the parking lot, such that the front of her vehicle extended into the...

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03 Nov 2020

Driving faster than 200 kmph does not trigger “race” or “speed test” exclusions in motor vehicle ins

by Andrew Moss

Vyas v. Brown, 2020 ONSC 4916

On October 11, 2015 at about 1:30 am, Jonathan Brown was driving his SUV near Vaughan, Ontario.  Mr. Brown was driving on a highway at a speed of between 200 and 215 kilometres per hour.  Mr. Brown collided with the rear-end of the Plaintiffs’ vehicle.  There were four people in the Plaintiffs’ vehicle; three were injured and one was killed.  Mr. Brown was charged by police and pled guilty to dangerous driving...

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03 Nov 2020

Injured plaintiff not at fault for failing to identify motorist that struck her

by Andrew Moss

Lamb v. Co-operators General Insurance Co., 2020 ONSC 4955.

On August 14, 2015 around 3:30 pm, Elizabeth Lamb was travelling to a local pub on an electric scooter.  It was a standing scooter, which Ms. Lamb rode mainly on sidewalks and pathways.  When Ms. Lamb arrived at the pub parking lot, she saw her husband and a friend standing outside the pub.  As Ms. Lamb travelled toward the pub on the parking lot throughway, a grey sedan pulled out...

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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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04 Aug 2020

Insurer Must Defend Insured Company in Data Breach Lawsuit Despite Policy’s Data Exclusion Clause

by Andrew Moss

Laridae v Co-Operators, 2020 ONSC 2198

This is one of Canada’s first decisions to consider insurers’ duty to defend insured companies against lawsuits involving data breaches.

Family and Children Services of Lanark, Leeds and Grenville (“FCS”) retained Laridae Communications Inc. to update their website and advise them on issues relating to its design and security.

In 2016, an unauthorized party accessed documents from a secured...

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