Legal Blog

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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02 Sep 2019

Likelihood that Someone Will Be Held Liable at Trial is Not Sufficient for Granting Advance Damages

by Catherine McLatchie

Fougere v Campbell, 2019 NBQB 171

The Plaintiff, Ina Fougere, brought a motion pursuant to section 265.6 of the Insurance Act, RSNB 1973, c. I-12, seeking an advance payment of special damages. This matter involved a motor vehicle collision which occurred on August 28, 2017.

The Plaintiff was a passenger in a Codiac Transpo bus owned by the Defendant, The City of Moncton and operated by the Defendant, Marc LeBlanc. The bus collided with a...

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02 May 2019

Summary Judgment motion dismissed after evidence left unanswered questions

by Catherine McLatchie

Garrity v The City of Saint John 2019 NBQB 27

On July 6, 2016, the Plaintiff, Patricia Garrity, was driving her vehicle in an easterly direction on Duke Street in Saint John, New Brunswick when she approached an intersection with Sydney Street. Ms. Garrity did not make any attempts to stop her vehicle at this intersection and was struck by a driver of another vehicle who was traveling in a northerly direction on Sydney Street.

Ms. Garrity...

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02 May 2019

Supreme Court of NS dismissed action against disability insurer for being out of time

by Catherine McLatchie

Richards Estate v. Industrial Alliance Insurance and Financial Services 2019 NSSC 3

Paul Richards received long-term disability benefits from 2008 until 2011 from the Defendant, Industrial Alliance. In 2011, the Defendant advised Mr. Richards that he no longer satisfied the policy’s definition of ‘total disability’ and ceased payment of his benefits as a result.

Mr. Richards appealed this decision to the appeal committee and was denied in...

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