Legal Blog

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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02 Dec 2019

Vandalization of vessel in ship yard found to be covered by insurer despite clause excluding malicio

by Matthew Pearn

Canadian Maritime Engineering Ltd. v. Intact Insurance Company, 2019 NSSC 328

The insured Canadian Maritime Engineering Ltd. (“CME”) was a company specializing in engineering, refit and repair services for marine vessels. On November 17, 2018 unauthorized people broke into the CME’s facility and damaged a coast guard vessel stored on the marine rails by cutting the cables that held it in place.  When CME informed their insurer, Intact, they...

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02 Jun 2019

Top Court Denies Leave to Appeal Decision on Coverage for Historic Abuse Cases.

by Matthew Pearn

Aviva Insurance Company of Canada v Évêque Catholique Romain de Bathurst, [2018] S.C.C.A. No. 525 (On appeal from New Brunswick, case 2018 NBCA 64)

This case arose in response to a series of individual claims brought by the victims of sexual abuse perpetrated by priests in the Diocese of Bathurst from the late 1950s to early 1980s. Claims were brought against the Diocese after the criminal conviction of two priests.

The Diocese's insurer,...

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02 Jun 2019

Seasonal Worker Not Entitled to Section B Benefits

by Matthew Pearn

Temple v. Aviva Insurance Company of Canada, 2019 NLSC 80

Paul Temple, a passenger in a vehicle insured by Aviva, sustained injuries as a result of a motor vehicle accident on April 22, 2012.

Mr. Temple was not actively working at the date of the accident, however he had been working seasonally on different fishing vessels for several years prior to the accident. Mr. Temple made a claim for Section B weekly indemnity benefits from Aviva.... Read More