Williams v. Canales, 2016 BCSC 1811 Klaudia Williams brought a lawsuit for alleged injuries she suffered while exercising with her personal trainer, Naomi Canales, at the Amazing Personal Training Studio Ltd. (“APT”). APT’s facility is used by various trainers and their clients, but APT does not employ the trainers. Arbutus Village Holdings Ltd. (“AVH”) owns...Read More
Arch Insurance Canada Ltd. v. Financial and Consumer Services Commission et al., 2016 NBCA 53 The Financial and Consumer Services Commission is a provincial crown corporation charged with, among other things, regulating and enforcing securities legislation. To protect itself and its employees from claims arising from its activities, the Commission purchases liability insurance. From 2010...Read More
Ledcor Construction Ltd v. Northbridge, 2016 SCC 37 In this case, the Supreme Court of Canada interpreted the “faulty workmanship” exclusion under a Builders’ Risk insurance policy. During a construction project, a company hired to clean windows used the wrong equipment and products and scratched the windows. The windows had to be replaced at a...Read More
Zheng v. John Galon Insurance Services, 2016 SKPC 090 The Plaintiff contacted the Defendant broker to purchase insurance for his new home. The broker assisted the Plaintiff to fill out his insurance application. In the application, the Plaintiff stated that he was not seeking coverage for rental income, was not renting any rooms and would...Read More
ICBC v. Stanley Cup Rioters, 2016 BCSC 1108 On June 15, 2011, the Vancouver Canucks faced the Boston Bruins in Game 7 of the Stanley Cup Playoffs. Boston won 4-0. The game was broadcast live on a large television screen outside the CBC building in Vancouver. After the final whistle, riots broke out near this...Read More
Hall v. Guignard, 2016 NBCA 38 This Court of Appeal decision follows after a case we discussed in February of 2013, Hall v. Guignard, 2013 NBQB 7. The Plaintiff was an unemployed tattoo artist who was seriously injured in a motor vehicle accident in February 1996 when the vehicle in which he was a passenger...Read More
Bahniwal v. The mutual Fire Insurance Company of British Columbia, 2016 BCSC 422 Bahniwal was the owner of a property on which he operated a garden supply business. There was also a house on the property that was rented to a single tenant. In August 2010, a fire broke out and completely destroyed the rented...Read More
Skunk v Ketash, 2016 ONSC 2019 The Ontario Superior Court of Justice ruled on the availability of uninsured coverage to a policyholder’s husband where the vehicle is operated without the consent of his wife (the owner of the vehicle). In this odd case, the Plaintiff Skunk was a passenger in a car driven by the...Read More
Watts v. Bowman, 2016 ONSC 3994 Amanda Bowman was driving her mother’s car, when she struck a vehicle driven by the plaintiff Barbara Watts. The plaintiff suffered a broken wrist and started an action against Amanda her mother Christina Bowman. Most of the facts were in dispute. The only issue was whether Amanda had the...Read More
Hatfield v. Intact Insurance Company, 2016 NSSC 150 Linda Hatfield is a litigant with a multitude of physical and mental health issues. After her last two lawyers were withdrawn, she became self-represented. She began an action against Intact Insurance in 2009 related to a claim on her homeowner’s policy. An examination for discovery of Ms....Read More
