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 (...Read More
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...Read More
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....Read More
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...Read More
MacPherson v. Strait Regional Center for Education, 2023 NSSC 167 (CanLII) Reading Time: 3 minutes (approx.) By: Alexandre Doucet (Articled Clerk) This matter concerned what is known as “occupiers’ liability”, a duty of care on the property’s occupier to ensure that all visitors are reasonably safe. MacPherson (hereinafter the “Plaintiff”) tripped and fell in a washed-out rut...Read More
Beaudin v. Travelers Insurance Company of Canada, 2022 ONCA 806 (CanLII) Reading Time: 3 minutes (approx.) By: Alexandre Doucet (Articled Clerk) Beaudin, a 29-year-old at the time of the incident, was riding his dirt bike at Gopher Dunes Park in Norfolk County, Ontario. Trying for a good time at a qualifying race, Beaudin was at the home...Read More
Live Nation v Aviva, 2023 ONSC 2284. Reading Time: 4 minutes (approx.) By: Weston McArthur Live Nation Ontario Concerts GP Inc. (hereinafter, “Live Nation”) hosts concerts in Ontario. Live Nation contracted Northwest Protection Services LTD (hereinafter, “NPS”) to provide security for the event for a concert that was scheduled for September 1, 2016. Live Nation’s commercial...Read More
Mullay v Shaba, 2023 ONSC 2022 Reading Time: 4 minutes (approx.) By: Chloe Jardine (Articled Clerk) This Motion stems from a motor vehicle accident which occurred on July 19, 2020. The Plaintiff was previously unsuccessful attempting to serve the Defendant with the Statements of Claim at the address listed on the accident report and sought an order for substituted service to serve...Read More
Wust (Estate) v Novex Insurance Company, 2023 NBKB 62. Reading Time: 6 minutes (approx.) By: Weston McArthur (Articled Clerk) This matter concerned two class action lawsuits launched against The Estate of Pierre Wüst (the “Estate”). Mr. Wüst was a massage therapist who, from around 2006 to 2017, filmed his patients as they were receiving massages from him and saved the recordings on his computer....Read More
John Howard Society of Peel-Halton-Dufferin v Pennock, 2023 ONSC 2839. Reading Time: 4 minutes (approx.) By: Weston McArthur (Articled Clerk) On May 12, 2021, the John Howard Society of Peel-Halton-Dufferin (the “Plaintiff”) filed a motion for default judgement against two of the defendants named in the action: Darren Pennock and Nancie Parker (the “Defendants”). Because the Defendants’ Statement of Defence was struck out, they were...Read More
