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28
Apr

Insurer Not Liable to Pay Interest and Costs Due to Insured’s Conduct

Martin et al v Estate of Pierrette Landry and Pembridge Ins. Co., 2023 NBKB 32. Reading Time: 3 minutes  (approx.) By: Weston McArthur (Articled Clerk)  The Plaintiffs were all involved in a motor vehicle accident in which Pierrette Landry (now represented by her Estate) attempted suicide by crossing the center lane into oncoming traffic. Ms. Landry’s insurer was Pembridge...
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28
Apr

Partial Summary Judgement Motion Unsuccessful in New Brunswick

Graysbrook Capital Ltd. v Viva Development Inc., 2023 NBKB 35  Reading Time: 3 minutes  (approx.) By: Chloe Jardine (Articled Clerk)  The Plaintiff, Graysbrook Capital Ltd. (“Graysbrook”), pursued a claim against several defendants (“Defendants”) for the balance of a loan for the construction of a building in Saint John, New Brunswick. A fire occurred on March 16, 2022, following which the building was deemed a total loss. The Defendants then pursued a Third-Party...
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28
Apr

Province of Ontario Insurer Has No Obligation to Defend Against Proposed Class Action Claim Until “Ultimate Net Loss” Exceeded

Ontario v St. Paul Fire and Marine Insurance Company, 2023 ONCA 173   Reading Time: 5 minutes (approx.) By: Chloe Jardine (Articled Clerk)  The appellant, His Majesty the King in the Right of Ontario (herein “Ontario”), appealed a decision which found that its general liability insurer, St. Paul Fire and Marine Insurance Company (herein “the Insurer”), did not have a duty to defend Ontario in a class action as the claims being alleged did...
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05
Apr

Breach of Statutory Condition Must Occur “at Time of Incident” for Coverage Denial

Pridmore v. Drenth, 2023 ONSC 817 Reading Time: 5 minutes (approx.) By: Charles Foster & Jadrien Hong In March of 2014, Breanne Pridmore (the Plaintiff) was injured while a passenger on an ATV driven by Tyler Drenth and owned by his father, Theodore Drenth (collectively, the Defendants). The Defendant owner had an insurance policy issued...
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05
Apr

“Within the Dwelling” Interpreted to Within Exterior Walls for Purposes of Insurance Application in British Columbia

Gill v The Wawanesa Mutual Insurance Company, 2023 BCCA 97 Reading Time: 3 minutes (approx.) By: Chloe Jardine (Articled Clerk) In December 2019, water backed up and escaped from a drain located in the sun deck area of a home owned by the Gills (“the Gills”). The sun deck was akin to an exterior room,...
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05
Apr

Court Clarifies the Weight of Video Evidence and the Law on Advance Payments

LeBlanc v Losier and Losier, 2023 NBQB 23. Reading Time: 6 minutes (approx.) By: Weston McArthur (Articled Clerk) Tammy Leblanc, the Plaintiff was involved in a motor vehicle accident with Julien and Guy Losier (the Defendants) on September 15, 2018, in Bartibog, New Brunswick. The Plaintiff took action against the Defendants and subsequently brought a...
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02
Mar

Albert Court of Appeal Upholds Common Law Rule on Fraud

Abbas v Esurance Company of Canada, 2023 ABCA 36  Reading Time: 6 minutes (approx.)  By: Weston McArthur (Articled Clerk)  Mr. Abbas (“the Plaintiff”) was involved in a motor vehicle accident as a passenger where the driver was uninsured. He made claims for Section B benefits and SEF No. 44 benefits, but in his Section B...
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02
Mar

Initiating a Road Rage Incident Enough to Find Third Party Liable for Motor Vehicle Accident in Ontario

Moran v Fabrizi, 2023 ONCA 21  Reading Time: 3 minutes (approx.)  By: Chloe Jardine (Articled Clerk)   Tate Moran (“the Plaintiff”) was injured in a motor vehicle accident while a passenger in a minivan driven by her grandmother. Ottavio Fabrizi (“the Defendant”) ran a red light and struck the minivan, resulting in the Plaintiff’s injuries. The...
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02
Mar

Property Owner and Lessee May Share Liability Due to Post-Accident Actions, Regardless of Lease Terms

Riddle v Colchester (Municipality of the County), 2023 NSSC 24  Reading Time: 5 minutes (approx.)  By: Chloe Jardine (Articled Clerk)   Mary Riddle (“the Plaintiff”) was an American tourist visiting Five Islands Lighthouse (“the Lighthouse”) in Five Islands, Nova Scotia, in July 2019 when she fell from the observation deck to the second floor through the...
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