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Legal Blog

30 Nov 2020

Plaintiff’s action dismissed after nearly two-year delay in serving her claim

by Matthew Pearn

Eveleigh v. Fredericton, 2020 NBQB 189


In July 2016, the Plaintiff Marion Eveleigh tripped and fell while crossing an intersection in the city of Fredericton after her foot caught in a hole created during municipal construction. She broke her heel in the incident.


The Plaintiff retained counsel, who filed her civil claim in August of 2018. However, the claim was not served after Plaintiff’s counsel left that firm. This went...

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12 Nov 2020

Congratulations Steve

by Admin

Foster & Company is exceptionally pleased to announce Steven R. Barnett’s upcoming appointment as Q.C.  Steve has been providing outstanding service in litigation since he began practicing law in 1996.  We are thrilled to be a part of this accomplishment.  Congratulations Steve!

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03 Nov 2020

Defendant disputes allegation that her vehicle contacted the Plaintiff’s vehicle at Tim Horton’s

by Andrew Moss

Bobby Hogue v. Mary Hope Goodine, 2020 NBQB 164.

On April 30, 2016, Mary Goodine attended the drive-through of the Tim Horton's location on Plaza Boulevard in Moncton.  She was driving her Kia Rio, and a friend sat in the front passenger seat.  After they received their food, Ms. Goodine drove toward the parking lot exit to Plaza Boulevard.  She proceeded slightly beyond the parking lot, such that the front of her vehicle extended into the...

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03 Nov 2020

Driving faster than 200 kmph does not trigger “race” or “speed test” exclusions in motor vehicle ins

by Andrew Moss

Vyas v. Brown, 2020 ONSC 4916

On October 11, 2015 at about 1:30 am, Jonathan Brown was driving his SUV near Vaughan, Ontario.  Mr. Brown was driving on a highway at a speed of between 200 and 215 kilometres per hour.  Mr. Brown collided with the rear-end of the Plaintiffs’ vehicle.  There were four people in the Plaintiffs’ vehicle; three were injured and one was killed.  Mr. Brown was charged by police and pled guilty to dangerous driving...

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03 Nov 2020

Injured plaintiff not at fault for failing to identify motorist that struck her

by Andrew Moss

Lamb v. Co-operators General Insurance Co., 2020 ONSC 4955.

On August 14, 2015 around 3:30 pm, Elizabeth Lamb was travelling to a local pub on an electric scooter.  It was a standing scooter, which Ms. Lamb rode mainly on sidewalks and pathways.  When Ms. Lamb arrived at the pub parking lot, she saw her husband and a friend standing outside the pub.  As Ms. Lamb travelled toward the pub on the parking lot throughway, a grey sedan pulled out...

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