Legal Blog

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

02 Jun 2019

Plaintiff’s Injuries Not Subject to $2,500 Cap, Judge Awards $90,000 in General Damages

by Matthew Pearn

McDonald v. Martin, 2019 NBQB 91

Margaret McDonald was 44 years old when she was thrown from a motorcycle driven by her boyfriend, Mr. Martin, when he lost control of the vehicle. Prior to this accident, she was described as being active, athletic, and in overall good health.

As a result of the crash, she sustained road rash and fractures to her pelvis, left elbow and three ribs. Ms. McDonald also suffered from several pre-existing...

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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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