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03
May

New Brunswick Court Reminds Insureds to Comply with Policy Terms Regarding Repairs

668339 NB Inc. v. Royal & Sun Alliance Company of Canada, 2024 NBCA 53  Reading Time: 5 minutes (approx.)  By: Alexandre Doucet (Articled Clerk)  Carmelle Caissie’s home in Cap-Pelé sustained water damage, following which she altered her insurer, Royal & Sun Alliance Company of Canada (the Respondent). Per the terms of the policy, the Respondent...
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03
May

Ontario Court Reviews Principles of Procedural Fairness

Shahin v. Intact Insurance Company 2024 ONSC 2024  Reading Time: 4.5 minutes (approx.)  By: Alexandre Doucet (Articled Clerk)  This appeal stems from a motor vehicle accident which occurred in 2013. Ms. Shahin (the Appellant) claimed she had suffered a catastrophic impairment and sought accident benefits from her insurer, Intact Insurance Company (the Respondent). Her claim...
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03
May

Supreme Court of Canada Overturns Lower Court’s Ruling on Scope of Judicial Reviews

Yatar v TD Insurance Meloche Monnex, 2024 SCC 8  Reading Time: 4 minutes (approx.)  By: Krista Nasartschuk (Articled Clerk)  This case arises from a motor vehicle accident which occurred in 2010. The Plaintiff, Yatar, initially received accident benefits which were terminated in September of 2011. Yatar sought to dispute the denial of her benefits through...
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05
Apr

Ontario Court Reviews Contractual Limitation Periods Set Out by Insurance Policy

Aviva Insurance et al v. Sahara Resturant, 2024 ONSC 1415  Reading Time: 4 minutes (approx.)  By: Alexandre Doucet (Articled Clerk)  On January 1, 2018, a water pipe in the sprinkler system of the Sahara Restaurant (the Restaurant) burst, causing damage to the Restaurant’s property and some of its contents. At the time of the incident,...
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05
Apr

Nova Scotia Court Reviews Its Discretion Under Limitations of Actions Act

Magee v. Lauzon, 2024 NSCA 23  Reading Time: 3.5 minutes (approx.)  By: Alexandre Doucet (Articled Clerk)  This matter arose from a motor vehicle accident on March 9, 2018, where the appellant, Charles Magee, crossed the centre lane and caused a head on collision with the respondent vehicle, which contained Paul Lauzon and his teenaged daughter...
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05
Apr

Courts Must Balance Right to a Jury Trial with Obligation to Deliver Justice Fairly and Efficiently

Boyce v. Waterloo Insurance Company, 2024 NSSC 54  Reading Time: 3.5 minutes (approx.)  By: Jadrien Hong & J. Charles Foster, K.C.  In 2016, Charles Boyce, the Plaintiff representing himself in this matter, filed a lawsuit claiming that he suffered lung and cognitive injuries from fumes leaking into the interior of his vehicle due to the...
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06
Mar

Nova Scotia Court Clarifies When Pre-Judgement Interest Begins Accumulating

Peters v. Great-West Life Assurance Company, 2024 NSCA 21 (Nova Scotia Court of Appeal)  Reading Time: 4 minutes (approx.)  By: Alexandre Doucet (Articled Clerk)  On November 22, 2015, David Peters was injured when he was struck on the head by a door while helping unload a commercial truck at his business. He was taken to...
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06
Mar

Nova Scotia Court Determines Car Ownership in Cases Without Vehicle Permits

Burke v. Wadden, 2024 NSSC 49  Reading Time: 4.5 minutes (approx.)  By: Alexandre Doucet (Articled Clerk)  The Plaintiff, Devon Burke, was involved in a single-vehicle accident as a passenger in a vehicle driven by Charles Wadden which left him severely injured. Mr. Wadden had purchased the vehicle a few months before the accident from All-Star...
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06
Mar

Air Canada Found Liable for Negligent Misrepresentation by Chatbot

Moffatt v. Air Canada, 2024 BCCRT 149 (CanLII) Reading Time: 5 minutes (approx.) By: Jadrien Hong & J. Charles Foster, K.C. On November 11, 2022, Jake Moffatt (the Applicant) visited Air Canada’s website to book a last-minute flight to Toronto due to the death of a close family member. The Applicant sought information regarding Air...
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