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...Read More
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...Read More
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...Read More
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...Read More
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...Read More
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...Read More
Shannon v. Canadian Medical Protective Association, NBQB 2016 One of the first New Brunswick decisions of 2016 concerns the malpractice insurance coverage of physicians. Shirley Shannon was a patient of Dr. Kwabena Agyei Akuffo-Akoto in the 1990s. She commenced a lawsuit against Dr. Akoto arising from sexual assault and mental distress which she suffered while...Read More
Doyle v. Roberts and P.E.I. Mutual Insurance Company, 2015 PESC 37 On August 21, 2001, Scott Doyle was working on the “Kathy D”, a fishing boat owned the Defendant Leo Roberts. Also on board that day was Roberts’ daughter, Kim Roberts, who was in charge of the mechanical hauler on the boat used to draw...Read More
Gibson v. Julian, 2016 NSSC 15 This recent case from Nova Scotia is a review of how that province’s new minor injury cap is applied in motor vehicle accident claims. Debra Gibson was injured in a motor vehicle accident. Liability was found to be 100% against the defendant, Mary Julian. Ms. Gibson’s injuries were a...Read More
Grafton Connor Property Inc. v. Murphy, 2015 NSSC 195 The Grafton Connor Group (hereafter “Grafton”) owns and manages a number of properties in Nova Soctia, one of which was the North End Pub in Halifax. Beginning in 1999, Grafton purchased insurance for its properties through insurance broker Marsh Canada Limited (hereafter “Marsh”). In 2003, Marsh...Read More
