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Legal Blog

30 Nov 2020

Newly purchased bus found to be insured, despite commercial fleet insurer not being put on notice.

by Matthew Pearn

P.K. Construction Ltd v. Aviva Insurance, 2020 NSSC 209

On May 7, 2016, the Plaintiff PK Construction bought a 1997 Bluebird bus. It was purchased by the Plaintiff business to transport workers to job sites and was bought to replace a Ford Cutaway Van that had previously been used by the business to transport tools and workers.


However, the new Bluebird bus was different from the Ford Cutaway Van in that it was bigger than the previously...

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30 Nov 2020

Summary Judgment denied to Plaintiff in “left hand turn” claim

by Matthew Pearn

Rushton v. Estate of Ian MacKay, 2020 NBQB 216

On August 3, 2010 the Plaintiff Craig Rushton was travelling due west along Highway 3 near Harvey, New Brunswick. Meantime, the Defendant was travelling in the opposite direction. The Defendant turned left into the Harvey Irving gas station crossing the Plaintiff’s lane of travel. The two vehicles collided, either in the Plaintiff’s lane of travel or in the nearby gas station parking lot.

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30 Nov 2020

Plaintiff’s action dismissed after nearly two-year delay in serving her claim

by Matthew Pearn

Eveleigh v. Fredericton, 2020 NBQB 189


In July 2016, the Plaintiff Marion Eveleigh tripped and fell while crossing an intersection in the city of Fredericton after her foot caught in a hole created during municipal construction. She broke her heel in the incident.


The Plaintiff retained counsel, who filed her civil claim in August of 2018. However, the claim was not served after Plaintiff’s counsel left that firm. This went...

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02 Dec 2019

No take backs! Insurer must continue to Defend insured when they failed to reserve their rights prio

by Matthew Pearn

The Commonwell Mutual Insurance Group v. Campbell, 2019 ONCA 668

Shayne Campbell was involved in a dirt bike accident, injuring the driver of an ATV. The ATV driver sued the Mr. Campbell in negligence. Mr. Campbell’s car insurer issued a non-waiver agreement and a reservation of rights before denying coverage. Mr. Campbell then turned to his homeowner’s insurance who appointed counsel and defended the claim without issuing a non-waiver or a...

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02 Dec 2019

Two root canals for the price of one!

by Matthew Pearn

Maillet v Violette, 2019 NBQB 74

Corinna Maillet, a dentist patient brought an action for damages for negligence against her dentist alleging he had performed root canal on the wrong tooth. Ms. Maillet alleged that the defendant company was vicariously responsible for dentist's negligence. The dentist admitted he had performed an initial root canal on the wrong tooth but then claimed that he had also performed a root canal on the correct...

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