Legal Blog

03 Mar 2019

Passenger Who Grabbed Wheel Causing Accident Not Entitled to Defence

by Jason Caissie

McKay v. Park, 2018 ONSC 7346

On August 29, 2013, Sarah Park was driving her vehicle with her boyfriend, Giancarlo Hnatiuk, in the passenger seat.  The couple were arguing when Mr. Hnatiuk got angry and intentionally grabbed the steering wheel, causing the vehicle to lose control and collide with another vehicle.

Mr. Hnatiuk fled the scene of the accident, but was later arrested and plead guilty to dangerous driving causing bodily harm...

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03 Mar 2019

Benefits Denied Because a Sandbar is not a Highway

by Jason Caissie

Adam v. Insurance Corp. of British Columbia, [2018] B.C.J. No. 6943, 2018 BCCA 482

The Plaintiff Mr. Adam had a travel trailer parked overnight on a sandbar close to Chiliwack, BC.  The sandbar was 1 kilometer long, and during low tides, vehicles could drive onto the sandbar from McSween Road.   It was a popular space for people to camp and party during the summer months.

While Mr. Adam was in his travel trailer, he heard a noise.  When he...

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03 Mar 2019

Known Drug Dealer’s Death Found to be Excluded Under Life Insurance Policy

by Jason Caissie

Valentyne Estate v. Canada Life Assurance Co., [2018] B.C.J. No. 6984, 2018 BCCA 484

Kevin Valentyne was a known drug dealer with a criminal record and gang affiliations.  On January 7, 2013, Mr. Valentyne was driving downtown with his girlfriend, when he received a call asking him to attend the home of two other drug dealers.  Mr. Valentyne drove to that residence, went into the home, and never came out.

Police investigated and found Mr....

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31 Oct 2018

Court Refuses to Find Implied Consent of Mother when Unlicensed Son Drove Vehicle

by Jason Caissie

Michaud-Shields v. Gough, 2018 ONSC 4977

Justin Gough’s license was suspended in 2005.  He was living with his parents at that time, and his Ford F150 pickup truck sat unused until 2009, when his mother, Nancy Gough, had the truck transferred into her name and insured it. 

On June 30, 2012, Nancy and her husband Daniel were away, and left the keys to the F150 on a hook by the front door.  Justin, who’s license remained suspended, was...

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31 Oct 2018

Insurer Estopped from Denying Coverage After Defending Claim for Three Years

by Jason Caissie

Bradfield v. Royal and Sun Alliance Insurance Company of Canada, 2018 ONSC 4477

On May 29, 2006, Mr. Devecseri was the lead motorcyclist in a group which included the Plaintiff Jeffrey Bradfield.  Mr. Devecseri crossed into the opposite lane of traffic, collided with an oncoming car and was killed instantly.  Jeffrey Bradfield was also hit in the collision and injured. 

Mr. Devecseri was a holder of an M2 drivers license at the time, which...

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