The Commonwell Mutual Insurance Group v. Campbell, 2019 ONCA 668
Shayne Campbell was involved in a dirt bike accident, injuring the driver of an ATV. The ATV driver sued the Mr. Campbell in negligence. Mr. Campbell’s car insurer issued a non-waiver agreement and a reservation of rights before denying coverage. Mr. Campbell then turned to his homeowner’s insurance who appointed counsel and defended the claim without issuing a non-waiver or a...
Corinna Maillet, a dentist patient brought an action for damages for negligence against her dentist alleging he had performed root canal on the wrong tooth. Ms. Maillet alleged that the defendant company was vicariously responsible for dentist's negligence. The dentist admitted he had performed an initial root canal on the wrong tooth but then claimed that he had also performed a root canal on the correct...
Canadian Maritime Engineering Ltd. v. Intact Insurance Company, 2019 NSSC 328
The insured Canadian Maritime Engineering Ltd. (“CME”) was a company specializing in engineering, refit and repair services for marine vessels. On November 17, 2018 unauthorized people broke into the CME’s facility and damaged a coast guard vessel stored on the marine rails by cutting the cables that held it in place. When CME informed their insurer, Intact, they...
Hunt v. Peel Mutual Insurance Company, 2019 ONCA 656
The claimant, Amealia Hunter, a minor, sued her father, Bradley Hunter for negligent parenting. She alleged that he was negligent in permitting her to be transported in the motor vehicle of his girlfriend who was impaired at the time. The question before the Court of Appeal is whether Mr. Hunt could rely on his girlfriend’s insurance company to defend him against his daughter’s lawsuit...
Greig v Desjardins Financial Security Life Assurance Company, 2019 BCSC 1758
The Plaintiff, Dennis Greig, suffered injuries in a motor vehicle accident on November 15, 2011. He returned to work on March 15, 2012. He was re-injured on the job on January 29, 2014 and did not return to work. Mr. Greig advanced a claim through WorkSafeBC which denied him benefits on the basis that his January 29, 2014 injury was an aggravation of his existing...
