Crosslinx Transit Solutions Constructors v. Capital Sewer Serving Inc., 2021 ONSC 1091. On February 21st, 2018, Capital Sewer Serving Inc, (the Respondent) was doing subcontracting work on a sewer line for the Crosstown LRT project in Toronto. That evening a sewage backup damaged two properties in the area where the Respondent was working. The property...Read More
Przyk v Hamilton Retirement Group Ltd. (The Court of Rushdale), 2021 ONCA 267 On August 16th, 2015, Anna Przyk (the Plaintiff) slipped and fell on a sidewalk between the entrance and exit of the retirement home where she resided. The Plaintiff brought an action for negligence against the building owner, Hamilton Retirement Group Ltd (the...Read More
Kulp Estate v. Cumis Life Insurance 2019 ONSC 7495 This summary judgment motion was brought by the defendant insurer on the basis that there was no genuine issue requiring a trial. It was the insurer’s position that the single issue in the action was whether the insurer was entitled to rescind the deceased insured’s life...Read More
Traders General Insurance Co. v. Kayes et al., 2020 ONSC 5991 On December 9, 2009, Mohammed Kayes, then 17 years old, and without a driver’s license, borrowed his mother’s vehicle and a short time later was involved in a motor vehicle accident with another driver. After the accident, Mr. Kayes phoned his father, who attended...Read More
William J. McNichol v. Cooperators General Insurance Company 2020 NBQB 188 The Plaintiff, Mr. McNichol was injured in a car accident. As a result of his injuries, he commenced an action against his own insurer, The Cooperators under the NBEF No. 44 – Family Protection Endorsement on his auto policy. During the examination for discovery,...Read More
Kardaras v. Sun Life Assurance Company of Canada, 2020 ONSC 3925 In September 2014, Voula Kardaras was diagnosed with major depressive disorder. She took a medical leave of absence from work and her disability insurer, the Defendant, Sun Life Assurance Company of Canada (“Sun Life”) granted her benefits up until December 2015 when she was...Read More
This article was originally published by The Lawyer’s Daily (www.lawyersdaily.ca), part of LexisNexis Canada Inc. In the case of Boyetchko v. Mentias 2021 BCSC 172, the plaintiff, Lynn Boyetchko, was involved in two separate motor vehicle accidents over three years apart. In both accidents she was a seat-belted front seat passenger in a vehicle that...Read More
Mike’s Custom Woodworks Ltd. v St. James Gate Ltd. (2021) NBQB 033 In 2016 and 2017, Mike’s Custom Woodworks Ltd. (Mike’s) entered into a construction contract with St. James Gate in Moncton, New Brunswick to provide custom wooden dining tables at their Fox Creek location. The parties agreed that the cost of those tables would...Read More
Sharla Debroy v Canadian Northern Shield Insurance Company, CapriCMW Insurance Services Ltd., John Doe and Jane Doe (2021) BCSC 352 Sharla Dubroy lived at 301 Brink Street in Ashcroft, B.C. Her parents owned a home down the block at 406 Brink Street. Over the years, Ms. Dubroy spent a great deal of time there and...Read More
Smith Building and Development Ltd. v Wynward Insurance Group and Western Financial Group (Network) Inc. (2021) SKQB 54 In 2008, Ryan and Tina Smith purchased a commercial building located in Estevan, Saskatchewan. The property was insured with the defendant, Wynward Insurance Group, continuously from 2008 through to 2016. During this time, a sub-lease was entered...Read More
