Legal Blog

01 Jun 2018

Judge reduces costs awarded for damages because Plaintiff failed to mitigate her losses

by Admin

Ryan v. Curlew, 2018 NLSC 72

On January 11, 2010, Rosemary Ryan was driving her daughter’s car with her daughter as a passenger along Pitts Memorial Drive in Newfoundland. She moved to the left lane to allow room for traffic merging onto the highway when she was struck on her right side and then on her right rear bumper by Bernice Curlew’s vehicle. The court found that Ms. Curlew had been negligent when she collided with the Plaintiff.

Ms....

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01 Jun 2018

Vehicle owner liable for failure to secure vehicle after drunk driver injures young woman

by Admin

Grue v. McLellan, 2018 NSSC 69

Holly Grue was walking home following a community dance in the early morning hours of January 1, 2012 when she was struck by a Jeep driven by Ryan McLellan and owned by Greg McLaughlin. The accident left the Plaintiff with paraplegia and she will have to use a wheelchair for the rest of her life.

Ryan McLellan had grown up a few houses down from the McLaughlins and they took him under their wing because he...

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01 May 2018

Insurer Must Pay Fire Damages to Homeowner Despite Evidence of Arson

by Andrew Moss

Apostolidis v. Canadian Northern Shield Insurance Co., 2018 BCSC 481

The 78-year-old widower Plaintiff owned a large home in Kelowna that he insured with Canadian Northern Shield Insurance (hereafter “CNS”). The Plaintiff was away overnight at a Casino when the house fire occurred. The plaintiff swore a proof of loss in respect of the damage to the house, claiming $425,000. CNS denied the Plaintiff’s claim. CNS alleged the Plaintiff, or...

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01 May 2018

Court Orders Insurer to Pay Huge Costs Award for Mounting an Unreasonable Defence

by Andrew Moss

Persampieri v. Hobbs, 2018 ONSC 368

In 2009, the Plaintiff, 84-year-old Maria Persampieri, was a passenger in a motor vehicle that was rear-ended. The Plaintiff brought an action against the Defendants for damages. Defendants’ counsel gave the Plaintiff two options: withdraw the action on a without costs basis or proceed to trial.

At the mandatory pre-trial mediation, the Defendants admitted liability in exchange for the Plaintiff limiting...

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01 May 2018

New Brunswick Court of Appeal Denies Plaintiff’s Claim for Cost of Medical Marijuana

by Andrew Moss

Despres v. MacDonald Crane Service Ltd. et al., 2018 NBCA 13

The Plaintiff, Robert Despres, was injured in a workplace accident in September 2009 when his hand was crushed between a crane bucket and a building. As a result of the accident, the Plaintiff suffered pain and discomfort in his right thumb and hand. This evolved into Chronic Regional Pain Syndrome (hereafter “CRPS”).

The Plaintiff’s pre-accident medical history consisted of...

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