Legal Blog

01 Feb 2019

Insurer Estopped From Denying Coverage After Providing Defence

by Admin

The Commonwell Mutual Assurance Group v. Campbell, 2018 ONSC 5899

In April 2013, Shayne Campbell borrowed a dirt bike from his girlfriend’s father, who was the CEO of RCOMM Radio Inc, where Mr. Campbell also worked. The dirt bike was also registered to RCOMM Radio Inc.

As Mr. Campbell was driving the dirt bike, he turned abruptly in front of an ATV driven by Evan Rodger which then struck the dirt bike. Mr. Rodger fell, struck his head on...

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01 Feb 2019

Court Finds Plaintiff Not Credible, and Finds Injuries Pre-existing

by Admin

Gale v. Purcell, 2018 NSSC 319

The Plaintiff, Angela Gale was a mother of two who worked as a dental assistant in Dartmouth, Nova Scotia. However, in 2006, due to a motor vehicle accident, Mrs. Gale suffered injuries to her left arm, which led to a change in career to a receptionist position at a dental clinic.

On March 23, 2010, the Plaintiff was in a second motor vehicle accident, where her vehicle was rear ended on the McKay Bride in...

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01 Feb 2019

Future CPP Disability Benefits are Deductible Says Nova Scotia Court of Appeal

by Admin

Sparks v Holland, 2019 NSCA 3

This is an appeal of a decision that was featured in our October 2018 newsletter.

The respondent, Catherine Holland, was involved in a motor vehicle accident with the appellant, Josh Sparks. As a result of injuries suffered in the motor vehicle accident, she received Canada Pension Plan disability benefits. A motion was filed by the parties to have the Court decide whether past and future CPP benefits were...

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06 Jan 2019

Court Cut Loose the Moose Claim for Diminished Value of Vehicle After Collision

by Catherine McLatchie

Dion v Security National Insurance Co. 2018 ABPC 242

Security National Insurance Company brought an application for summary judgment for dismissal of Mr. Dion’s claim for diminished value of his vehicle after striking a moose. The insurer indemnified the costs to repair the vehicle but denied the claim for diminished value.

The insured argued that the repairs to his vehicle were inadequate and even if his vehicle was repaired to its...

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06 Jan 2019

Loss of Income Due to Inability to Flip Houses Approved With Minimal Evidence

by Catherine McLatchie

Paul Johnston v Marjorie Jones, 2018 NBQB 123

Paul Johnston claimed damages against Marjorie Jones for injuries suffered in a car accident on August 26, 2011 in Fredericton, New Brunswick. Liability of the accident was admitted; therefore, the trial was to determine the assessment of damages.

Mr. Johnston was traveling at a speed of 70 km/hr on his motorcycle when a car driven by Ms. Jones turned left in front of him. Mr. Johnston had no...

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