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Legal Blog

08 Mar 2021

A “true” crumbling skull

by Justin Szmadyla

Boyetchko v Mentias 2021 BCSC 172

The Plaintiff in this case was involved in two motor vehicle accidents, the first on October 1, 2015 when she was a front seat passenger in a vehicle that was rear-ended, and the second on November 23, 2018, when she was also a front seat passenger in a vehicle that was rear-ended.  Liability was not in issue in either accident.  As a result of significant pre-existing health conditions, the defendants...

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08 Mar 2021

Does an insured void his or her automobile insurance if they accept gas money from a passenger?

by Justin Szmadyla

Bonn v Echelon Insurance 2021 NSSM 2 (Small Claims)

On March 21, 2017, the insured was offered gas money from an acquaintance if the insured agreed to drive the acquaintance from Dartmouth, Nova Scotia to his home in North Preston.  At the end of that ride, the acquaintance stole the insured’s vehicle at gunpoint.  The insured made a claim to the insurer which was denied on the basis that the insured had voided the policy by transporting...

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01 Feb 2021

Life insurer brings summary judgment motion on the basis that the insured had misrepresented

by Admin

Kulp Estate v. Cumis Life Insurance 2019 ONSC 7495

This summary judgment motion was brought by the defendant insurer on the basis that there was no genuine issue requiring a trial. It was the insurer’s position that the single issue in the action was whether the insurer was entitled to rescind the deceased insured’s life insurance policy on the basis that he misrepresented material facts regarding his diabetes on a supplementary health...

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01 Feb 2021

When is a flood a flood?

by Admin

Le Treport Wedding & Convention Centre Ltd. v. Co-operators General Insurance Company, 2020 ONCA 487.

Following an unparalleled record rainfall in the greater Toronto area in which an excess of 90 mm of rain fell in less than two hours, a banquet hall was flooded. The rain flooded the road adjacent to the banquet hall and filled a neighboring ditch. Nearby creeks spilled over. Water entered the banquet hall through its doors, down through...

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01 Feb 2021

Can a home inspector be found liable for more damages than his inspection fee?

by Admin

Smith v. Asaff, 2021 NSSC 16

On February 26, 2009, the Plaintiff, Michael Smith hired T.E. Gordon Home Inspections Inc. to conduct a home inspection prior to purchasing a home from co-defendants Ab Mason Asaff and Doreen Asaff. The property inspector provided the Plaintiff with an Inspection Agreement at the property on the date of the inspection. This Inspection Agreement had the following clauses:

T.E. Gordon Home Inspections Inc. agrees...

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