Legal Blog

08 Aug 2018

Dispute over ownership of car and coverage stop court from ordering summary judgment

by Matthew Pearn

Bourgeois v. Economical Mutual Insurance, 2018 NBQB 85

On August 30, 2015, the defendant Clarke Hannah struck the pedestrian Shawn Bourgeois while Hannah was driving a 2004 Mazda MPV. The plaintiff Bourgeois brought a claim against Hannah and also against Don's Used Cars as the registered owner of the Mazda.

There was a dispute over ownership of the Mazda, and whether ownership had transferred from Don's Used Cars to Hannah by the time of...

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08 Aug 2018

Battle of experts prevents court from awarding advance payment

by Matthew Pearn

Dartt v. Decoste, 2018 NSSC 24

On September 3, 2015, the plaintiff Katherine Bennett was involved in a motor vehicle accident in New Glasgow, Nova Scotia. The plaintiff was a passenger in a vehicle driven by the second plaintiff, Dartt. Their vehicle was rear-ended by the defendant driver, Decoste. Decoste admitted liability for the collision, with the value of the claim still in dispute.

Bennett filed a Motion requesting an interim...

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08 Aug 2018

Supreme Court of Canada declines to hear case on NB minor injury cap

by Matthew Pearn

Leave denied by SCC from Douthwright v. Duffy, 2017 NBCA 60

On August 2, 2018, the Supreme Court of Canada denied the application of the plaintiff Shirley Douthwright for leave to appeal a December 2017 decision of the New Brunswick Court of Appeal. In that earlier decision, the plaintiff was appealing a 2015 decision on general damages awarded by the Trial judge.

The plaintiff was a passenger in a vehicle driven by the defendant Duffy....

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31 Jan 2018

Ruling on Costs

by Matthew Pearn

Armstrong v Lakeridge Resort Ltd., 2017 ONSC 6565

After a jury trial, the Plaintiffs was awarded damages in the amount of $68,250.00 and was entitled to partial indemnity costs. The parties could not agree on costs, and proceeded to a hearing to set costs.

The Plaintiffs state that they should be awarded $74,000.00 plus HST for fees and approximately $39,500.00 plus HST for disbursements, equaling a total amount of $128,617.00.

The...

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31 Jan 2018

New Brunswick Notice of Action filed four years after Nova Scotia limitation period

by Matthew Pearn

Gerald Doucet v. Dr. Sean Dennis Christie and Dr. Ciara Harraher, 2017 NBQB 185

Gerald Doucet underwent a nerve biopsy on December 3, 2009 in Halifax, Nova Scotia to confirm a diagnosis of chronic inflammatory demyelinating polyneuropathy. This requires the removal of a nerve from the left ankle. On December 3, 2009, Dr. Harraher mistakenly removed a tendon instead of a nerve. On December 4, 2009, Dr. Christie performed another biopsy to...

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