Notice to Clients Regarding COVID-19

Legal Blog

31 Mar 2021

Not expressing a price for goods in a contract does not mean there is no contract

by Catherine McLatchie

Mike’s Custom Woodworks Ltd. v St. James Gate Ltd. (2021) NBQB 033

In 2016 and 2017, Mike’s Custom Woodworks Ltd. (Mike’s) entered into a construction contract with St. James Gate in Moncton, New Brunswick to provide custom wooden dining tables at their Fox Creek location. The parties agreed that the cost of those tables would be $3,000 per table.

In the Spring of 2017, St. James Gate hired Mike’s for a construction project for their...

Read More
31 Mar 2021

A change in occupancy is not the same as a change in occupants

by Catherine McLatchie

Sharla Debroy v Canadian Northern Shield Insurance Company, CapriCMW Insurance Services Ltd., John Doe and Jane Doe (2021) BCSC 352

Sharla Dubroy lived at 301 Brink Street in Ashcroft, B.C. Her parents owned a home down the block at 406 Brink Street. Over the years, Ms. Dubroy spent a great deal of time there and called this the ‘family home’ because only family members ever lived there.

In 2000, Ms. Dubroy’s older brother, Ron Goddard,...

Read More
31 Mar 2021

Plaintiffs success on insurance claim denied by insurer on basis of possible link to Hells Angels

by Catherine McLatchie

Smith Building and Development Ltd. v Wynward Insurance Group and Western Financial Group (Network) Inc. (2021) SKQB 54

In 2008, Ryan and Tina Smith purchased a commercial building located in Estevan, Saskatchewan. The property was insured with the defendant, Wynward Insurance Group, continuously from 2008 through to 2016. During this time, a sub-lease was entered between a tenant and various business operations including a motorcycle club...

Read More
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. ...

Read More
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...

Read More