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Legal Blog

05 Jan 2020

Driver partly liable for accident despite entering intersection on green light

by Catherine McLatchie

Savoie v Bell-Authier & Benoit, 2019 NBQB 277

On January 8, 2013, Brian Benoit was driving along Mountain Road in Moncton with passenger and Plaintiff, Karine Savoie.  He approached the intersection with West Lane traveling approximately 50 to 60 kmph.   Mr. Benoit was only about two car lengths away from the intersection when he noticed the red traffic light and started to brake.  When he reached the stop line, the light changed to green. ...

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05 Jan 2020

Action for Section B benefits barred by policy’s limitation clause

by Catherine McLatchie

Shanks v TD et al, 2019 NBQB 269

The Plaintiff, Bruce Shanks, was involved in two motor vehicle accidents.  The first accident occurred September 28, 2007.  The second occurred November 30, 2007.  Mr. Shanks was insured by the Defendant, TD Home and Auto Insurance Company (hereafter “TD”) pursuant to a SPF No. 1 Standard Automobile Insurance Policy.

Mr. Shanks was injured in the accidents and applied to TD for medical expenses and income...

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05 Jan 2020

Insurer must pay fees for expert retained by insured to quantify loss

by Catherine McLatchie

Be In Christ Church of Canada O/A Welland Brethren in Christ Church v Intact Insurance Company, 2019 ONSC 7412

On February 24, 2019, a fire broke out at the premises of Be in Christ Church of Canada (hereafter the “Church”).  The Church had a valid insurance policy with Intact Insurance Company (hereafter “Intact”), which included coverage for professional fees.

Intact retained EllisDon to prepare a scope document on repairs to the...

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02 Sep 2019

Can Negligent Parenting be Covered by a Motor Vehicle Policy?

by Catherine McLatchie

Hunt v Peel Mutual Insurance Company, 2019 ONCA 656

Amealia Hunt sued her father, Bradley Hunt, for negligent parenting for permitting her to be transported in a motor vehicle of an impaired driver, a vehicle that Mr. Hunt was also an occupant.

Amealia was a minor when she suffered injuries as a passenger in a motor vehicle collision on July 20, 2014. The vehicle was owned and operated by Mr. Hunt’s girlfriend, Tammy-Lynn Dingman. Ms....

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02 Sep 2019

Court Clarifies What Constitutes “Living in the Same Household” Under a Home Insurance Policy

by Catherine McLatchie

Ferro v Weiner, 2019 ONCA 55

Enid Weiner owned a home on Lake Eugenia which was her primary residence until she moved into a nursing home in 2008. After which, she and her three adult children and their families continued to use the home as a vacation cottage.

The cottage was covered by an Intact Insurance policy in which Enid was listed as the sole owner and named insured. The policy provided coverage for all of Enid’s relatives while...

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