Legal Blog

03 Apr 2018

Section B Benefits are Deductible From all Heads of Damages.

by Catherine McLatchie

Bent v MacFarlane, 2018 NBCA 17

In March 2010 Monica Bent was injured in a motor vehicle accident whereby she suffered various injuries. By the date of trial, she was in receipt of Canada Pension Plan Disability benefits and Section B weekly indemnity benefits as a result of her injuries and pre-existing multiple sclerosis.

At trial, the Plaintiff put forward a claim in excess of $550,000, a large percentage of which was for loss of...

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03 Apr 2018

Ontario Court of Appeal Disallows Insurer’s Subrogation of Bankrupt

by Catherine McLatchie

Douglas v Stan Fergusson Fuels Ltd., 2018 ONCA 192

The Ontario Court of Appeal this month overturned an earlier appeal ruling in a case involving an insurer’s right to subrogate a claim in the name of an undischarged bankrupt. In January 2008, Stan Fergusson Fuels Ltd. delivered more than 600 litres of fuel oil to an outdoor tank at the home of Art and Wendy Douglas. Somehow the entire shipment of oil escaped and contaminated the Douglas’...

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03 Apr 2018

Driver in Violation of Probation Order is a ‘Person Authorized by Law’ to Drive a Vehicle

by Catherine McLatchie

Middleton v Pankhurst, 2017 ONCA 835

On January 24, 2009 Tyler Middleton and Mr. Pankhurst went ice fishing on Lake Simcoe. Mr. Pankhurst travelled by snowmobile and at the time of driving he possessed a valid driver’s licence, which had been issued to him without any restrictions.

Mr. Pankhurst however had a probation order arising from a guilty plea to careless driving in the fall of 2008 which prohibited Mr. Pankhurst from driving at...

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01 Mar 2018

Holiday Trailer on Property Not Enough to Exclude Reliance on Vacancy Exclusion

by Jason Caissie

Taylor v. Co-operators General Insurance Company, 2017 ABQB 705

Randy Taylor lived in Fort Saskatchewan, Alberta and owned a rental property in Westlock, Alberta.  The rental property was rented to a married couple, who eventual separated, and ended their lease effective June 29, 2015. Mr. Taylor did not advise his insurer that the tenants had moved out and that the property was vacant.

Mr. Taylor decided to undertake renovations prior to...

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01 Mar 2018

Additional Insured Entitled to Independent Solicitor and Control of Own Defence

by Jason Caissie

Lefeuvre v. Boekee, 2017 ONSC 6874

The Plaintiff Randy Lefeuvre was seriously injured when he was a pedestrian on the side of the road that was struck by a vehicle. Mr. Lefeuvre started an action against the driver that struck him, along with two Municipalities (Durham and Clarington), the utility Company in charge of the street lights (Miller Maintenance) and a maintenance company in charge of road maintenance (Langley Utilities).

The...

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