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Legal Blog

06 Apr 2021

Exacerbation of injury is correct measure of damages in a crumbling skull case

by Justin Szmadyla

This article was originally published by The Lawyer’s Daily (www.lawyersdaily.ca), part of LexisNexis Canada Inc.

In the case of Boyetchko v. Mentias 2021 BCSC 172, the plaintiff, Lynn Boyetchko, was involved in two separate motor vehicle accidents over three years apart. In both accidents she was a seat-belted front seat passenger in a vehicle that was rear ended. The defendants in each action admitted liability for the accidents and that...

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31 Mar 2021

Not expressing a price for goods in a contract does not mean there is no contract

by Catherine McLatchie

Mike’s Custom Woodworks Ltd. v St. James Gate Ltd. (2021) NBQB 033

In 2016 and 2017, Mike’s Custom Woodworks Ltd. (Mike’s) entered into a construction contract with St. James Gate in Moncton, New Brunswick to provide custom wooden dining tables at their Fox Creek location. The parties agreed that the cost of those tables would be $3,000 per table.

In the Spring of 2017, St. James Gate hired Mike’s for a construction project for their...

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31 Mar 2021

A change in occupancy is not the same as a change in occupants

by Catherine McLatchie

Sharla Debroy v Canadian Northern Shield Insurance Company, CapriCMW Insurance Services Ltd., John Doe and Jane Doe (2021) BCSC 352

Sharla Dubroy lived at 301 Brink Street in Ashcroft, B.C. Her parents owned a home down the block at 406 Brink Street. Over the years, Ms. Dubroy spent a great deal of time there and called this the ‘family home’ because only family members ever lived there.

In 2000, Ms. Dubroy’s older brother, Ron Goddard,...

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31 Mar 2021

Plaintiffs success on insurance claim denied by insurer on basis of possible link to Hells Angels

by Catherine McLatchie

Smith Building and Development Ltd. v Wynward Insurance Group and Western Financial Group (Network) Inc. (2021) SKQB 54

In 2008, Ryan and Tina Smith purchased a commercial building located in Estevan, Saskatchewan. The property was insured with the defendant, Wynward Insurance Group, continuously from 2008 through to 2016. During this time, a sub-lease was entered between a tenant and various business operations including a motorcycle club...

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08 Mar 2021

New Tort of Internet Harassment

by Justin Szmadyla

Caplan v Atas, 2021 ONSC 670

Over a period of more than 20 years, Nadire Atas carried out a campaign of malicious harassment and defamation against those towards whom she bore grudges, including their family members and associates.  In the 1990’s when the harassment began, it was done by letter mail but as time passed it transitioned to being waged by internet postings and email.  The targets of her assault were parties involved in her...

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