J.I.L.M. Enterprises & Investments Limited v. INTACT Insurance, 2017 ONSC 357 This case stands as a warning to insurers who maintain a denial of insurance benefits on suspicion of arson after no persuasive evidence is led by police or other investigators proving this to be likely. Here, punitive damages were awarded in the context of...Read More
Garrioch v. Sonex Construction Ltd., 2017 ABCA 105 Sonex Construction allowed its employee, Dustin Garrioch to use its company truck. Unbeknownst to Sonex, Garrioch did not have a driver’s license so he allowed a former employee, Tyler Tessman, to drive the truck for him. Tessman took the company truck on a wild ride through a...Read More
McIntyre v. MacKnight, 2017 NBBR 24 This cautionary tale serves as a warning to those choosing to attend the next ‘hootenanny’ outside Miramichi, New Brunswick. The Plaintiff, Norma-Marie McIntyre, suffered an injury to her hand during a domestic dispute with her daughter-in-law, Krista MacKnight, and then brought an action for damages. At the time of...Read More
Warnell v. Cumby, 2017 NSSC 88 The plaintiffs, Jamie and Deborah Warnell, both sustained injuries to their necks and backs in a motor vehicle accident which took place in July of 2010. Ms. Warnell’s injuries caused her to cease working roughly 15 months after the accident. Meantime, Mr. Warnell’s injuries allegedly lead to reduced function...Read More
Valard Construction v Bird Construction Company, 2016 ABCA 249 Bird Construction was a project manager/general contractor for a large construction contract for Suncor Energy. As project manager, they hired Langford Electric as a subcontractor. As a subcontractor, Langford Electric was to obtain a labour and materials bond, which they did. In order to complete part...Read More
Tracy v. Magic Mountain Ltd., 2017 NBQB 23 The Plaintiff Elizabeth Tracy and her husband brought their three children to the Defendant’s amusement park. While there, the Plaintiff was allegedly injured while on a water slide named the “Torpedo”. Ms. Tracy commenced an action against the Defendant alleging negligence. The Defendant denied negligence. The Plaintiff...Read More
Francouer v. Beaulieu, 2017 NBQB 9 The plaintiff, Francoeur, was injured in a motor vehicle accident on September 5, 2014. He was a passenger in a vehicle driven by Nadia Ouellette who allegedly ran a stop sign and was involved in a collision with a vehicle driven by Wendy Beaulieu. An action was commenced against...Read More
Eastland Industries Ltd. v. Casey, 2016 NBCA 57 Derrick Casey was severely injured when, while hired to remove snow from the roof of a building, he fell through the roof and landed on the cement floor 18 feet below. Mr. Casey had not previously worked for Eastland Industries Ltd., the building’s owner. The snow removal...Read More
J.J. v. C.C., 2016 ONCA 718. 15-year-old J.J. and his teenaged friends spent a summer night drinking alcohol and smoking marijuana. Around 11:00 pm, J.J. and his friend, C.C., decided to walk around town and steal items from unlocked cars. They ended up at Rankin’s Garage, a car dealership which also services and sells cars...Read More
Stairs v. CFM Corporation et al., 2017 NBCA 8 On March 24, 2008, an explosion caused damage to the home of Mr. and Ms. Stairs. The Stairs’ home was covered by a homeowner’s policy issued by Intact Insurance, which eventually paid approximately $320,000 to cover the Stairs’ property damage. Mr. and Ms. Stairs sued the...Read More
