Legal Blog

30 Sep 2019

Insured denied coverage for failure to disclose material change in risk

by Jason Caissie

Chase v. Personal Insurance Co. 2019 BCSC 936

In August 2012, Clarence and Gayle Chase purchased a homeowner’s policy for their property.  At the time of the application, they advised the broker that the house was their principal residence, there was no one else occupying the residence, there was no business or income earning activity on the property, there were no detached structured that were 800 square feet or larger and there were no...

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30 Sep 2019

Failure to provide update on son’s whereabouts to insurer insufficient to void coverage

by Jason Caissie

Ruddell v. Gore Mutual Insurance Company, 2019 ONCA 328

Alan Stewart was driving a vehicle owned by his mother Gayle Bass which was insured by Gore Mutual Insurance Company.  Mr. Stewart lost control of the vehicle and injuries were suffered by a passenger, Michael Ruddell who started an action against Mr. Stewart and Ms. Bass.

When the action was first filed, Ms. Bass gave Gore Mutual her son’s address so that the action could be served...

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30 Sep 2019

Court refuses to order advance payment due to lack of evidence supporting same

by Jason Caissie

Comeau v. Thomas, 2019 NBQB 187

The Plaintiff Christina Comeau was involved in a motor vehicle accident on January 16, 2011.  The Plaintiff had a sporadic work history and had been laid off from her waitress/bartending job 8 months before the accident and was not working at the time of the accident.

The Plaintiff filed a motion seeking a $65,000 advanced payment related to loss of income, day care costs for her child, loss of services and...

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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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