Sabean v. Portage La Prairie Mutual Insurance Co., 2017 SCC 7 The Supreme Court of Canada has recently ruled on an appeal of a Nova Scotia Court of Appeal decision that we had previously covered in July 2015. Mr. Sabean was in a motor vehicle accident in Bridgewater, Nova Scotia in October 2004. He successfully...Read More
Ketler v. Nova Scotia (Attorney General), 2016 NSCA 64 In May 2007, the Province of Nova Scotia implemented a new standard for timber bridges. Pursuant to the standard, new bridges must include a metal guardrail instead of a traditional wooden railing. The Province prepared a prioritized replacement list for existing bridges with wooden railings. McPhee...Read More
Cook et al v. Aviva Insurance, 2017 NBQB 10 This case arose when an accounting firm, Gary L. Cook Professional Corporation, terminated accountant Marlene Myers. Ms. Myers brought an action for constructive dismissal and shareholder oppression against Mr. Cook and the firm. Ms. Myers later amended her pleadings to include a claim for defamation. Ms....Read More
MacInnis v. Rayner & Raylink, 2016 PESC 40 On October 21, 2010, the Plaintiff was injured in a motor vehicle accident involving a vehicle driven by the Defendant Benjamin Rayner. The owner of the Defendant vehicle was Raylink Ltd, a corporation owned and operated by Benjamin’s father, Gary Rayner. The Plaintiff started an action against...Read More
Edmison v. Wawanesa, 2016 SKPC 120 Patricia Edmison responded to an online advertisement seeking mystery shoppers for a market research company. She received cheques from the “market research company” which she cashed, and used to purchase gift cards and transferred money through Western Union back to the “market research company”. The cheques deposited in Ms....Read More
West v. Canadian Direct Insurance, 2016 BCSC 1903 On May 29, 2014 a large tree fell across the front of Diane Jane West’s property. The tree caused damage to the home and knocked out power for a period of 9 to 10 days. While the insurer’s investigation revealed only minor damage, the insured claimed that...Read More
Lizotte v Aviva Insurance Company of Canada, 2016 SCC 52 The Chambre de l’assurance de dommages (“Chambre”) is a Quebec regulator which was created by the provincial government to investigate complaints related to insurance claims and claims adjustment. While investigating a claims adjuster, Chambre employee Karen Lizotte ordered Aviva Insurance Company of Canada (“Aviva”) to...Read More
Relja et al v. Village of New Maryland et al, 2016 NBQB 189 In the spring of 2014, residents along two streets in the Village of New Maryland (the “Village”) had their basements flood. The summer before, the Village completed changes to the storm sewers in the area which the residents said led to the...Read More
Blenus v. The Dominion of Canada General Insurance Company, 2016 NSSC 162 In May of 2003, Donald Blenus was hired by the Sherman family to remove and compact soils on a building lot in King’s County, Nova Scotia. Two years later, the Shermans built a home the same lot. The Sherman home was later sold...Read More
Howatt v. Chandler, 2016 NSSC 216 The Plaintiff, Paula Howatt, a resident of Kentville, Nova Scotia, was injured in a motor vehicle accident in 2010. After a painful failed rehabilitation attempt, in 2012 Ms. Howatt had an operation to fuse her C5-6/C6-7 vertebrae and insert a stabilizing metal plate. In the years following the operation,...Read More
