Legal Blog

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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02 May 2019

Summary Judgment motion dismissed after evidence left unanswered questions

by Catherine McLatchie

Garrity v The City of Saint John 2019 NBQB 27

On July 6, 2016, the Plaintiff, Patricia Garrity, was driving her vehicle in an easterly direction on Duke Street in Saint John, New Brunswick when she approached an intersection with Sydney Street. Ms. Garrity did not make any attempts to stop her vehicle at this intersection and was struck by a driver of another vehicle who was traveling in a northerly direction on Sydney Street.

Ms. Garrity...

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02 May 2019

Supreme Court of NS dismissed action against disability insurer for being out of time

by Catherine McLatchie

Richards Estate v. Industrial Alliance Insurance and Financial Services 2019 NSSC 3

Paul Richards received long-term disability benefits from 2008 until 2011 from the Defendant, Industrial Alliance. In 2011, the Defendant advised Mr. Richards that he no longer satisfied the policy’s definition of ‘total disability’ and ceased payment of his benefits as a result.

Mr. Richards appealed this decision to the appeal committee and was denied in...

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01 May 2019

Court says builders’ policy is limited to new construction work, not pre-existing property

by Catherine McLatchie

The Dominion of Canada General Insurance Company v Viking Fire Protection Inc. 2019 CarswellNfld 85

In 2011, Team Mechanical Construction Ltd. was hired to act as the main contractor for renovations to the Health Sciences Centre hospital in St. John’s, Newfoundland. The defendant subcontracted the sprinkler system work to Viking Fire Protection Inc. (“Viking”).

The contract required Team Mechanical to obtain builder’s risk insurance which...

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31 Mar 2019

Well documented files protect broker and insurer from liability

by Andrew Moss

Siddall Jewellery Co. Ltd. v Angus-Miller Ltd., 2019 NBQB 042

The Plaintiffs, Siddall Jewellery Co. Ltd. and Siddalls Lazer Tec Engraving Ltd., were stores in Miramichi, New Brunswick.  Siddall Jewellery Co. Ltd. sold and repaired jewellery, watches and clocks.  Siddalls Lazer Tec Engraving engraved items such as trophies and gifts.  In 2006, the Plaintiffs’ owner-operator, Roy Siddall, purchased a commercial insurance policy for the...

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