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Legal Blog
Rankin (Rankin’s Garage & Sales) v. J.J., 2018 SCC 19 J and C were both minors and were drinking alcohol and smoking marijuana at C’s mother’s home. Sometime after midnight they left C’s mother’s home intending to steal valuables from unlocked cars. They entered an unsecure commercial car garage and checked for unlocked cars. C...
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Despres v. MacDonald Crane Service Ltd. et al., 2018 NBCA 13 The Plaintiff, Robert Despres, was injured in a workplace accident in September 2009 when his hand was crushed between a crane bucket and a building. As a result of the accident, the Plaintiff suffered pain and discomfort in his right thumb and hand. This...
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Persampieri v. Hobbs, 2018 ONSC 368 In 2009, the Plaintiff, 84-year-old Maria Persampieri, was a passenger in a motor vehicle that was rear-ended. The Plaintiff brought an action against the Defendants for damages. Defendants’ counsel gave the Plaintiff two options: withdraw the action on a without costs basis or proceed to trial. At the mandatory...
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Apostolidis v. Canadian Northern Shield Insurance Co., 2018 BCSC 481 The 78-year-old widower Plaintiff owned a large home in Kelowna that he insured with Canadian Northern Shield Insurance (hereafter “CNS”). The Plaintiff was away overnight at a Casino when the house fire occurred. The plaintiff swore a proof of loss in respect of the damage...
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Middleton v Pankhurst, 2017 ONCA 835 On January 24, 2009 Tyler Middleton and Mr. Pankhurst went ice fishing on Lake Simcoe. Mr. Pankhurst travelled by snowmobile and at the time of driving he possessed a valid driver’s licence, which had been issued to him without any restrictions. Mr. Pankhurst however had a probation order arising...
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Douglas v Stan Fergusson Fuels Ltd., 2018 ONCA 192 The Ontario Court of Appeal this month overturned an earlier appeal ruling in a case involving an insurer’s right to subrogate a claim in the name of an undischarged bankrupt. In January 2008, Stan Fergusson Fuels Ltd. delivered more than 600 litres of fuel oil to...
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Bent v MacFarlane, 2018 NBCA 17 In March 2010 Monica Bent was injured in a motor vehicle accident whereby she suffered various injuries. By the date of trial, she was in receipt of Canada Pension Plan Disability benefits and Section B weekly indemnity benefits as a result of her injuries and pre-existing multiple sclerosis. At...
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Aviva Insurance v. Security National Insurance, 2017 ONSC 4924 On January 31, 2013 Mr. Bashir Ali suffered injuries while a passenger in a vehicle insured by Aviva. Mr. Bashir did not have his own motor vehicle insurance, however his wife, Ms. Shire, from whom he was allegedly separated from, did have a policy of insurance...
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Lefeuvre v. Boekee, 2017 ONSC 6874 The Plaintiff Randy Lefeuvre was seriously injured when he was a pedestrian on the side of the road that was struck by a vehicle. Mr. Lefeuvre started an action against the driver that struck him, along with two Municipalities (Durham and Clarington), the utility Company in charge of the...
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Taylor v. Co-operators General Insurance Company, 2017 ABQB 705 Randy Taylor lived in Fort Saskatchewan, Alberta and owned a rental property in Westlock, Alberta.  The rental property was rented to a married couple, who eventual separated, and ended their lease effective June 29, 2015. Mr. Taylor did not advise his insurer that the tenants had...
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