Legal Blog

06 Jan 2019

Court Cut Loose the Moose Claim for Diminished Value of Vehicle After Collision

by Catherine McLatchie

Dion v Security National Insurance Co. 2018 ABPC 242

Security National Insurance Company brought an application for summary judgment for dismissal of Mr. Dion’s claim for diminished value of his vehicle after striking a moose. The insurer indemnified the costs to repair the vehicle but denied the claim for diminished value.

The insured argued that the repairs to his vehicle were inadequate and even if his vehicle was repaired to its...

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06 Jan 2019

Loss of Income Due to Inability to Flip Houses Approved With Minimal Evidence

by Catherine McLatchie

Paul Johnston v Marjorie Jones, 2018 NBQB 123

Paul Johnston claimed damages against Marjorie Jones for injuries suffered in a car accident on August 26, 2011 in Fredericton, New Brunswick. Liability of the accident was admitted; therefore, the trial was to determine the assessment of damages.

Mr. Johnston was traveling at a speed of 70 km/hr on his motorcycle when a car driven by Ms. Jones turned left in front of him. Mr. Johnston had no...

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06 Jan 2019

Aviva to Pay Residential Landlord for Theft by Property Manager

by Catherine McLatchie

688857 Ontario Limited v Aviva Insurance Company of Canada, 2018 ONSC 5891

Gabriele Zeh-Abramsky is the principal and sole shareholder of the Plaintiff company and was insured by Aviva Insurance. Ms. Abramsky is a residential landlord who hired a property manager to collect rental payments from tenants and deposit them into the bank, amongst other things. The property manager stole the rental money and misused a company credit card to pay...

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03 Jul 2018

TD denied order to have Intact pay equal share of indemnity for boating accident

by Catherine McLatchie

TD General Insurance Company v. Intact Insurance Company (2018) ONSC 2352

On July 17, 2016, Melissa Shawbonquit was a passenger on a boat piloted by Matthew Latendre and owned by Lawrence Latendre. Ms. Shawbonquit commenced a claim against Matthew after he allegedly lost control of the boat, colliding with the shoreline and causing her injuries.

At the time of the accident, Lawrence Latendre had a homeowner’s policy with TD but Matthew was...

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03 Jul 2018

Irrevocable beneficiary must consent before being removed from life insurance policy

by Catherine McLatchie

Pilon v. Beute, et al 2018 ONSC 2806

On April 1, 2001, Mr. Foster started a job with McGonegal Construction as a bricklayer. As part of his employment, Mr. Foster was entitled to participate in a group insurance plan that was issued by the Great West Life Assurance Company.

Mr. Foster named Tracey Pilon, his common- law partner, as his irrevocable beneficiary. The insurance form stated that Mr. Foster was not allowed to make changes to the...

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