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Fraser v. Runighan, 2018 PESC 26 On January 12, 2012, Veronica Fraser was a passenger in a vehicle driver by her husband, Barry Fraser.  They were travelling in a west bound direction on Route 10, when a vehicle coming in the opposite direction and driven by Candace Runighan, crossed over the center line and collided...
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Bidart v. The Portage La Prairie Mutual Insurance Company, 2017 NSSC 126 Mr. Bidart was involved in legal proceedings with a former spouse which led to a judgment registered against him in the amount of $16,024.54.  The legal proceedings along with other issues led to financial hardship for Mr. Birard, leading to his bank accounts...
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Funk v. Wawanesa, 2018 ABCA 200 This is an appeal of a decision we previously covered in October, 2017.  On May 20, 2008, Mr. Funk was operating his vehicle at night when an oncoming vehicle crossed the center line into Mr. Funk’s lane of travel.  Mr. Funk took evasive action and managed to avoid a...
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North Waterloo Farmers Mutual Insurance Co. v. Sama, 2018 ONSC 2143 Khuram Samad was driving his 2006 Dodge Caravan on December 13, 2012 as a taxi, when he picked up two passengers at a grocery store.  Mr. Samad got into an argument with the passengers, which led to the front seat passenger punching Mr. Samad,...
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Surespan Structures Ltd. V. Lloyd’s Underwriters, 2018 BCSC 1058 Stantec Engineering purchased a Liability Policy related to a contract to design and build two hospitals with parkades in British Columbia.   The application for insurance included an attached list of subcontractors as additional insureds. At the time of the application, it was believed that Stantec would...
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Leave denied by SCC from Douthwright v. Duffy, 2017 NBCA 60 On August 2, 2018, the Supreme Court of Canada denied the application of the plaintiff Shirley Douthwright for leave to appeal a December 2017 decision of the New Brunswick Court of Appeal. In that earlier decision, the plaintiff was appealing a 2015 decision on...
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Dartt v. Decoste, 2018 NSSC 24 On September 3, 2015, the plaintiff Katherine Bennett was involved in a motor vehicle accident in New Glasgow, Nova Scotia. The plaintiff was a passenger in a vehicle driven by the second plaintiff, Dartt. Their vehicle was rear-ended by the defendant driver, Decoste. Decoste admitted liability for the collision,...
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Bourgeois v. Economical Mutual Insurance, 2018 NBQB 85 On August 30, 2015, the defendant Clarke Hannah struck the pedestrian Shawn Bourgeois while Hannah was driving a 2004 Mazda MPV. The plaintiff Bourgeois brought a claim against Hannah and also against Don’s Used Cars as the registered owner of the Mazda. There was a dispute over...
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Kayter v Personal Insurance Company, 2018 NSSC 79 When Tommy Kayter was three years old his mother accidentally injured him with a ride-on lawnmower, resulting in part of his foot being amputated. Shortly after the accident, Tommy’s father submitted a claim under his home insurance policy with the Personal Insurance Company. The Personal Insurance Company...
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Pilon v. Beute, et al 2018 ONSC 2806 On April 1, 2001, Mr. Foster started a job with McGonegal Construction as a bricklayer. As part of his employment, Mr. Foster was entitled to participate in a group insurance plan that was issued by the Great West Life Assurance Company. Mr. Foster named Tracey Pilon, his...
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