Legal Blog

02 Jan 2018

Plaintiff’s Damages Reduced due to Symptoms Caused by Over Medication

by Erika Hachey

Vanwart v. Dunnett, 2017 NBQB 225

Ms. Vanwart, a 37-year-old call centre employee, was injured in a rear-end motor vehicle collision in 2012. Following the collision, she developed chronic headaches and right hip pain, eventually leading to chronic pain. Due to both pre-existing conditions and her accident related injuries, by the time of trial she had a long list of medications. She had also stopped working 3-4 years after the collision due...

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02 Jan 2018

Coverage While Driving Rental Car Fell To Rental Company Insurer

by Erika Hachey

Enterprise Rent-A-Car Canada Limited v Intact Insurance Co., 2017 ONSC 7515

In June 2013, Ms. Perets was involved in a motor vehicle collision while driving a rental car from Enterprise Rent-A-Car. Occupants from another vehicle brought an action against Ms. Perets for injury and damages. At issue was which insurer was required to respond to the claim: the insurer for Enterprise, or the insurer for Ms. Perets’ father (Intact), where she was...

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02 Jan 2018

Summary Judgment For No Genuine Issue Requiring A Trial

by Erika Hachey

Hicks v Roy 2017 NBQB 205

In the summer of 2015, Joseph Hicks was travelling on his motorcycle when he came to a line of stopped traffic. Instead of waiting in the line of traffic, Mr. Hicks decided to cross the centre line and travel down the lane of opposing traffic. As he drove past stopped vehicles, one vehicle made a left-hand turn into a driveway, striking Mr. Hicks’ motorcycle. The driver, Ms. Trudy Roy, had been waiting in the line...

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01 Jun 2017

Punitive Damages awarded against insurer for denying coverage in fire loss

by Erika Hachey

J.I.L.M. Enterprises & Investments Limited v. INTACT Insurance, 2017 ONSC 357

This case stands as a warning to insurers who maintain a denial of insurance benefits on suspicion of arson after no persuasive evidence is led by police or other investigators proving this to be likely.

Here, punitive damages were awarded in the context of a fire loss claim where the insurer took over three years to pay the insured.  As you may recall, the...

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01 Jun 2017

CMPA shielded from liability for medical doctor’s sexual assault

by Erika Hachey

Shannon v. Canadian Medical Protective Association, 2017 NBCA 17

In a follow up to our February 2016 Newsletter, the New Brunswick Court of Appeal ruled on whether the Canadian Medical Protective Association (CMPA) has an obligation to indemnify a former physician for a civil claim for damages arising from a sexual assault. Most interesting was the conclusion by the Motion Judge ruling that the CMPA was not an ‘insurer’ of physicians.

The...

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