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29
Sep

The British Columbia Court of Appeal Cautions for insurance corporations and their privacy policies

Insurance Corporation of British Columbia v. Ari, 2023 NBKB 38 Reading Time: 4 minutes  (approx.) By: Alexandre Doucet (Articled Clerk) The Insurance Corporation of British Columbia (“ICBC”) receives personal information from everyone who drives a vehicle in the province, including drivers’ names, addresses, license ID numbers, vehicle descriptions and VIN and plate numbers. One ICBC claims...
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29
Sep

Nova Scotia Court Defines Discoverability Principles in a Motor Vehicle Insurance Claim

Hart v. Allstate Insurance Company of Canada, 2023 NBKB 38 Reading Time: 3.5 minutes  (approx.) By: Alexandre Doucet (Articled Clerk) Shawn Hart (the Plaintiff) held a valid Standard Automobile Policy through Allstate Insurance Company of Canada (the Defendant). On August 22, 2019, the Plaintiff reported to the Defendant that he had been involved in a motor...
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29
Sep

Ontario Court Explains the Law on Relief from Forfeiture

Pridmore v Drenth, 2023 NBKB 38 Reading Time: 6 minutes  (approx.) By: Weston McArthur On March 24, 2014, Breanne Pridmore (the Respondent) was involved in a serious ATV accident that left her a complete paraplegic. Tyler Drenth was the driver of the ATV, which was owned by his father, Theodore Drenth. Tyler and Theodore Drenth had...
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01
Sep

New Brunswick Court Clarifies the Circumstances Requiring an Appraisal Umpire

Marc Girouard v. Frank Cowan Company limited, 2023 NBKB 38 Reading Time: 3 minutes  (approx.) By: Alexandre Doucet (Articled Clerk) Mason de la Butte Ltée (Insured) held an insurance policy issued by Frank Cowan Company Limited (Insurer) for which provided coverage in the event of a loss to the real and personal property of the insured...
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01
Sep

Ontario Court Explain Application of Limitation Periods to Amended Claims

Nero v. Allstate Insurance Company, 2023 ONSC 4472 Reading Time: 3 minutes  (approx.) By: Alexandre Doucet (Articled Clerk) This action arises out of a residential fire and an alleged breach of contract. Nero (Plaintiff) was the owner of the property and had obtained an all-risks policy from Allstate Insurance Company of Canada (Defendant) when he began...
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01
Sep

New Brunswick Court Comments on the Use of Partial Summary Judgement

656214 NB Ltd. v Venmar Ventilation ULC, 2023 NBKB 91 Reading Time: 6 minutes  (approx.) By: Weston McArthur The Plaintiffs owned property in Fredericton, New Brunswick, that suffered fire damage on December 17, 2017. In the Statement of Claim, the Plaintiffs alleged that Venmar Ventilation ULC (Defendant Venmar) had negligently manufactured a Heat Recovery Ventilator (...
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04
Aug

Court Clarifies Payout Mechanism for Insurance Claims

Canadian Lawyers Insurance Association v. Drover, 2023 CarswellNfld 190, 2023 NLSC 106 Reading Time: 3 minutes  (approx.) By: Alexandre Doucet (Articled Clerk) The Canadian Lawyers Insurance Association (CLIA) provides errors and omissions insurance to the Law Society of Newfoundland and Labrador and its members. The insurance indemnifies lawyers from claims made when they make errors in...
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04
Aug

Nova Scotia Court to Decide if Expired Steamship Inspection Certificate Breaches Insurance Policy

Louisbourg Seafoods Limited v. Underwriters at Lloyd’s, 2023 NSSC 175(CanLII). Reading Time: 4 minutes  (approx.) By: Alexandre Doucet (Articled Clerk) On September 7, 2019, Hurricane Dorian struck the Port of Louisburg, Nova Scotia. During the storm a fishing vessel named “Kelly & Jordan”, which was owned by Louisbourg Seafoods, broke from her mooring lines and capsized....
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04
Aug

Court Clarifies Nature of Continuing Cause of Action

Tyszko v St. Catharines (City), 2023 ONSC 2892 (CanLII). Reading Time: 4 minutes  (approx.) By: Weston McArthur On September 12, 2002, the Defendant City of St. Catharines installed a storm sewer on the Plaintiff’s property. Later, on July 13, 2021, the Plaintiff brought an action in negligence against the Defendant, alleging that the storm sewer had...
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