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Legal Blog

02 Sep 2020

Defendant Must Pay Half the Interest on Litigation Loan Used for Plaintiff’s Medical Expenses

by Erika Hachey

McIntyre v. Matthews, 2020 NBCA 52

Ms. Matthews was injured when her vehicle was rear-ended by Ms. McIntyre’s vehicle.  Ms. McIntyre admitted liability for the collision.  A 15-day trial was held to assess Ms. Matthews’ damages.

At the close of trial, Justice McNally granted Ms. Matthews’ judgment for $616,689.00 total.  The judgment included a sum for Ms. Matthews’ loans, and interest on the loans, from a litigation loan company, Seahold...

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02 Sep 2020

Lawyer’s letter admitted as evidence

by Erika Hachey

Fraser v Runighan, 2020 PECA 5

Following a motion at the Prince Edward Island Court of Appeal, the solicitors for Fraser and Runighan were negotiating costs. An offer to settle was sent from Runighan to Fraser, and a letter followed from Runighan. The letter did not mention the offer to settle, and stated that Runighan intended to include the letter in their submissions to the Court of Appeal.

However, when submissions were made, Runighan...

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02 Sep 2020

Signed Waiver Inadequate to Get Action against Trampoline Park Dismissed

by Erika Hachey

Zaky v. 2285771 Ontario Inc., 2020 ONSC 4380.

In 2014, Rafik Zaky attended Sky Zone trampoline park. On the night in question, Mr. Zaky arrived shortly after 8:00 pm, and his friends were already using the equipment. Sky Zone booked equipment in one-hour blocks. The Sky Zone employee told Mr. Zaky to complete an electronic waiver at a nearby computer kiosk.  According to Mr. Zaky, the Sky Zone employee told him to complete the waiver...

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01 May 2020

Ski resort cannot rely for its defence on warning signs plaintiff saw after he purchased lift ticket

by Erika Hachey

Apps v. Grouse Mountain Resorts Ltd., 2020 BCCA 78

Most ski resorts recognize the danger involved with skiing and snowboarding.  As a result, ski resorts typically require customers to sign waivers of liability to protect themselves against lawsuits.

In 2016, Mr. Apps visited Grouse Mountain in British Columbia for the first time.  Mr. Apps worked at Whistler Mountain’s ski and snowboard equipment rental shop.  He had been snowboarding...

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01 May 2020

Insurer must indemnify municipality for clean up costs following diesel fuel escape

by Erika Hachey

Halifax Regional Municipality v. Zurich Insurance Company Ltd., 2020 NSSC 69

The Halifax Transit bus depot is a staple of Burnside Industrial park in Dartmouth, Nova Scotia.  It is visible to nearby motorists headed towards the McKay bridge.  In 2014, approximately 200,000 litres of diesel fuel escaped from a pipe and contaminated the ground.  The fuel escape lasted several months before being noticed by the bus depot.

The Halifax...

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