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Temple v. Aviva Insurance Company of Canada, 2019 NLSC 80 Paul Temple, a passenger in a vehicle insured by Aviva, sustained injuries as a result of a motor vehicle accident on April 22, 2012. Mr. Temple was not actively working at the date of the accident, however he had been working seasonally on different fishing...
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Aviva Insurance Company of Canada v Évêque Catholique Romain de Bathurst, [2018] S.C.C.A. No. 525 (On appeal from New Brunswick, case 2018 NBCA 64) This case arose in response to a series of individual claims brought by the victims of sexual abuse perpetrated by priests in the Diocese of Bathurst from the late 1950s to...
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Richards Estate v. Industrial Alliance Insurance and Financial Services 2019 NSSC 3 Paul Richards received long-term disability benefits from 2008 until 2011 from the Defendant, Industrial Alliance. In 2011, the Defendant advised Mr. Richards that he no longer satisfied the policy’s definition of ‘total disability’ and ceased payment of his benefits as a result. Mr....
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Garrity v The City of Saint John 2019 NBQB 27 On July 6, 2016, the Plaintiff, Patricia Garrity, was driving her vehicle in an easterly direction on Duke Street in Saint John, New Brunswick when she approached an intersection with Sydney Street. Ms. Garrity did not make any attempts to stop her vehicle at this...
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The Dominion of Canada General Insurance Company v Viking Fire Protection Inc. 2019 CarswellNfld 85 In 2011, Team Mechanical Construction Ltd. was hired to act as the main contractor for renovations to the Health Sciences Centre hospital in St. John’s, Newfoundland. The defendant subcontracted the sprinkler system work to Viking Fire Protection Inc. (“Viking”). The...
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Higgins v. Arseneau, 2019 NBCA 21 Caroline Higgins was 46 when she was killed in a motorcycle accident.  Ms. Higgins was jogging on the sidewalk when David Arseneau drove his motorcycle up onto the sidewalk and struck her.  Ms. Higgins practiced law, was unmarried and had no children. Her Will left the entire residue of...
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Pembridge Insurance Company of Canada v. Chu et al, 2019 ONSC 1359 This case involves a complex motor vehicle accident occurring at a Toronto intersection.  Liability for the accident is disputed.  One of the drivers, Dennis Chu, is alleged to have caused or contributed to the accident by operating his vehicle negligently.  It is also...
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Siddall Jewellery Co. Ltd. v Angus-Miller Ltd., 2019 NBQB 042 The Plaintiffs, Siddall Jewellery Co. Ltd. and Siddalls Lazer Tec Engraving Ltd., were stores in Miramichi, New Brunswick.  Siddall Jewellery Co. Ltd. sold and repaired jewellery, watches and clocks.  Siddalls Lazer Tec Engraving engraved items such as trophies and gifts.  In 2006, the Plaintiffs’ owner-operator,...
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Valentyne Estate v. Canada Life Assurance Co., [2018] B.C.J. No. 6984, 2018 BCCA 484 Kevin Valentyne was a known drug dealer with a criminal record and gang affiliations.  On January 7, 2013, Mr. Valentyne was driving downtown with his girlfriend, when he received a call asking him to attend the home of two other drug...
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Adam v. Insurance Corp. of British Columbia, [2018] B.C.J. No. 6943, 2018 BCCA 482 The Plaintiff Mr. Adam had a travel trailer parked overnight on a sandbar close to Chiliwack, BC.  The sandbar was 1 kilometer long, and during low tides, vehicles could drive onto the sandbar from McSween Road.   It was a popular space...
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