Legal Blog

08 Aug 2018

Battle of experts prevents court from awarding advance payment

by Matthew Pearn

Dartt v. Decoste, 2018 NSSC 24

On September 3, 2015, the plaintiff Katherine Bennett was involved in a motor vehicle accident in New Glasgow, Nova Scotia. The plaintiff was a passenger in a vehicle driven by the second plaintiff, Dartt. Their vehicle was rear-ended by the defendant driver, Decoste. Decoste admitted liability for the collision, with the value of the claim still in dispute.

Bennett filed a Motion requesting an interim...

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08 Aug 2018

Supreme Court of Canada declines to hear case on NB minor injury cap

by Matthew Pearn

Leave denied by SCC from Douthwright v. Duffy, 2017 NBCA 60

On August 2, 2018, the Supreme Court of Canada denied the application of the plaintiff Shirley Douthwright for leave to appeal a December 2017 decision of the New Brunswick Court of Appeal. In that earlier decision, the plaintiff was appealing a 2015 decision on general damages awarded by the Trial judge.

The plaintiff was a passenger in a vehicle driven by the defendant Duffy....

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03 Jul 2018

TD denied order to have Intact pay equal share of indemnity for boating accident

by Catherine McLatchie

TD General Insurance Company v. Intact Insurance Company (2018) ONSC 2352

On July 17, 2016, Melissa Shawbonquit was a passenger on a boat piloted by Matthew Latendre and owned by Lawrence Latendre. Ms. Shawbonquit commenced a claim against Matthew after he allegedly lost control of the boat, colliding with the shoreline and causing her injuries.

At the time of the accident, Lawrence Latendre had a homeowner’s policy with TD but Matthew was...

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03 Jul 2018

Irrevocable beneficiary must consent before being removed from life insurance policy

by Catherine McLatchie

Pilon v. Beute, et al 2018 ONSC 2806

On April 1, 2001, Mr. Foster started a job with McGonegal Construction as a bricklayer. As part of his employment, Mr. Foster was entitled to participate in a group insurance plan that was issued by the Great West Life Assurance Company.

Mr. Foster named Tracey Pilon, his common- law partner, as his irrevocable beneficiary. The insurance form stated that Mr. Foster was not allowed to make changes to the...

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03 Jul 2018

Policy exclusion bars claim brought by child for personal injuries

by Catherine McLatchie

Kayter v Personal Insurance Company, 2018 NSSC 79

When Tommy Kayter was three years old his mother accidentally injured him with a ride-on lawnmower, resulting in part of his foot being amputated. Shortly after the accident, Tommy’s father submitted a claim under his home insurance policy with the Personal Insurance Company.

The Personal Insurance Company denied the claim due to an exclusion within the homeowner’s policy. The policy states...

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