Legal Blog

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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01 May 2019

Court says builders’ policy is limited to new construction work, not pre-existing property

by Catherine McLatchie

The Dominion of Canada General Insurance Company v Viking Fire Protection Inc. 2019 CarswellNfld 85

In 2011, Team Mechanical Construction Ltd. was hired to act as the main contractor for renovations to the Health Sciences Centre hospital in St. John’s, Newfoundland. The defendant subcontracted the sprinkler system work to Viking Fire Protection Inc. (“Viking”).

The contract required Team Mechanical to obtain builder’s risk insurance which...

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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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