Legal Blog

31 Mar 2019

Well documented files protect broker and insurer from liability

by Andrew Moss

Siddall Jewellery Co. Ltd. v Angus-Miller Ltd., 2019 NBQB 042

The Plaintiffs, Siddall Jewellery Co. Ltd. and Siddalls Lazer Tec Engraving Ltd., were stores in Miramichi, New Brunswick.  Siddall Jewellery Co. Ltd. sold and repaired jewellery, watches and clocks.  Siddalls Lazer Tec Engraving engraved items such as trophies and gifts.  In 2006, the Plaintiffs’ owner-operator, Roy Siddall, purchased a commercial insurance policy for the...

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31 Mar 2019

Home insurer need not defend homeowner against road rage lawsuit

by Andrew Moss

Pembridge Insurance Company of Canada v. Chu et al, 2019 ONSC 1359

This case involves a complex motor vehicle accident occurring at a Toronto intersection.  Liability for the accident is disputed.  One of the drivers, Dennis Chu, is alleged to have caused or contributed to the accident by operating his vehicle negligently.  It is also alleged that Mr. Chu exited his vehicle and confronted another driver, threatening the driver and striking...

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31 Mar 2019

Sister’s Wrongful Death Does Not entitle siblings to pecuniary damages

by Andrew Moss

Higgins v. Arseneau, 2019 NBCA 21

Caroline Higgins was 46 when she was killed in a motorcycle accident.  Ms. Higgins was jogging on the sidewalk when David Arseneau drove his motorcycle up onto the sidewalk and struck her.  Ms. Higgins practiced law, was unmarried and had no children. Her Will left the entire residue of her estate in trust for the benefit of her niece, who is disabled.

Ms. Higgins’ Estate brought an action against Mr....

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02 Dec 2018

Court Penalizes Insurer for Failing to Properly Explain to Insured Its Denial of His Claim.

by Andrew Moss

Augspols v G. Bates Plumbing and Intact Insurance Co., 2018 ONSC 7038

In 2007, Arnie Augspols found water in his basement. Mr. Augspols hired a plumber, who discovered and repaired a broken pipe. In 2010, sewage backed up into Mr. Augspols’ basement through a floor drain.  He hired another plumber, who replaced the sanitary line going into the house. In 2016, Mr. Augspols noticed one side of his basement floor was sinking. Because of the...

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02 Dec 2018

Insurer Must Indemnify Church for Compensation Payments Made to Abuse Victims.

by Andrew Moss

Aviva Insurance Company of Canada v. L’Évêque Catholique Romain de Bathurst, 2018 NBCA 64.

In 2002, Valéry Vienneau was appointed Bishop of the Roman Catholic Diocese of Bathurst.   Soon thereafter, Mr. Vienneau was contacted by individuals alleging Fathers Charles Picot and Levi Noel had sexually abused them.  The RCMP charged and tried both Picot and Noel.  As a result of the publicity, more alleged victims of abuse came forward.  The...

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