Lutwick v. Wood, 2016 NBQB 111 In October 2010 the plaintiff, Peter Lutwick, was injured in a motor vehicle accident as a passenger in the defendant Gerald Gaudet’s vehicle. The defendant Gordon Wood was the driver of a vehicle that hit Mr. Gaudet’s vehicle. Mr. Lutwick filed motion for advance payment pursuant to section 256.6...Read More
Party Bus Atlantic Inc. v. Temple Insurance Company, 2016 NSSC 96 Party Bus Atlantic Inc. (“Party Bus”) operates a fleet of ‘limousine-like’ buses in the Atlantic Provinces. The buses are equipped with televisions, dance poles, light shows, and stereo systems. Customers typically rent the buses for bachelor parties, birthdays, and proms. Co-operators issued Party Bus...Read More
Economical Mutual Insurance Co. v. Caughy, 2016 ONCA 226 In August of 2012 Patrick Caughy and his family attended a country music festival in Chatham, Ontario. The festival lasted for several days and the family stayed in their trailer on a nearby camp site. Caughy parked his truck alongside others, creating a walkway. One night...Read More
Shongu v. Jing, 2016 BCSC 901 Mr. Shongu was born in the Democratic Republic of the Congo. During the DRC’s civil war, Mr. Shongu witnessed horrific events including the murder of his parents and other friends and family members. As a result, he suffered from a variety of psychiatric problems including nightmares, hallucinations and phobias....Read More
Dewitt (Litigation guardian of) v. Strang, 2016 NBQB 28 This case deals with the question of whether a waiver signed by a 16 year old should be considered to bar him from making a claim after being personally injured. Thomas Dewitt was 15 years old when he competed in a motocross event Sackville, New Brunswick...Read More
Batalla v. St. Michael’s Hospital, 2016 ONSC 1513 When disabled claimants want to settle their claims, a judge is typically required to approve the amounts paid to the claimant and to the claimant’s lawyer. This case provides a helpful example of what judges consider when deciding whether to approve a settlement reached for a disabled...Read More
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...Read More
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...Read More
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...Read More
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...Read More
