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Briggs v. Co-operators General Insurance Company, 2016 NBQB 83 Richard Briggs purchased seed potatoes to plant on his farm, including some produced by Tobique Farms Ltd., or purchased by Tobique Farms Ltd. from other seed potato producers in Quebec and then re-sold to Briggs. Briggs filed a civil action against Tobique Farms after his fields...
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Ledcor Construction Limited v Northbridge Indemnity Insurance Co., 2015 ABCA 121 The Supreme Court of Canada heard arguments last month from lawyers on this matter that deals with the meaning of the “faulty workmanship” exclusion.  In advance of the release of this decision, we provide our summary of the previous Alberta Court of Appeal decision...
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Welsh v RBC General Insurance Co., 2016 NBQB 14 The New Brunswick Court of Queen’s Bench has ruled that Examination for Discovery is a private proceeding. Unless all parties consent or their presence is necessary for the efficient examination of a party, non-parties are not entitled to attend at discovery. On February 23, 2014, the...
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Tupper v Nova Scotia (Attorney General), 2015 NSCA 92 Thomas Percy Tupper, struck a pedestrian in 1983 for which he was found 75% liable at trial. Mr. Tupper was convinced that the pedestrian’s claim had been fraudulent. He consulted with a solicitor who advised Tupper against an appeal of the decision. Mr. Tupper’s inability to...
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Cameron v Economical Mutual Insurance Co., 2016 PESC 6 This motion for summary judgment was brought to determine whether a ruptured pipe that caused water damage in the insured’s home occurred within an “unheated portion” of the house. The insured owned a seasonal home which was occupied full-time during the summer and on some weekends...
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Royal & Sun Alliance Insurance Co. of Canada v Snow, 2016 NSCA 7 This case was an appeal by the insurer of a decision by a motions judge that held that the land underneath the insured’s home was covered under an “all risks” insurance policy for the purpose of remediating the effects of an oil...
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Garden View Restaurant Ltd. v Portage La Prairie Mutual Insurance Co., 2016 NSCA 8 In this decision, a companion to the decision in Royal & Sun Alliance v Snow, above, the Nova Scotia Court of Appeal upheld the decision of the lower court denying a claim for coverage in circumstances somewhat similar to Snow. In...
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Despres v. MacDonald Crane Service Ltd., 2016 NBQB 32 The Plaintiff, Robert Despres, was injured in a workplace accident in September 2009, when his hand was crushed between the bucket of a crane and a building. As a result of the accident, the Plaintiff suffered pain and discomfort in his right thumb and hand which...
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Gill v. Ivanhoe Cambridge I Inc., 2016 BCSC 252 An action was filed on behalf of a child who sustained serious injuries after falling through an opening in a glass partition near an escalator at a shopping mall. Through his litigation guardian, the child sued the owner, occupier and manager of the premises, in addition...
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Hill v Intact Insurance Co. 2015 ONSC 6601 Jennie Hill owned two recreational properties which were insured with Intact Insurance up until the Spring of 2010, when Intact determined the properties were uninsurable and refused to renew coverage. Years later, Ms. Hill was named as a defendant in a lawsuit filed by a man who...
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Foster & Company
919 Prospect St, Suite 200
Fredericton, New Brunswick,
Canada E3B 2T7
Ph: 506.462.4000
Fax: 506.462.4001