Riocan Holdings Inc. v. Intact Insurance Co., 2017 ABCA 73 Riocan Holdings Inc. owns several properties in Alberta. Riocan contracted with Think Green Alberta to carry out snow removal and sidewalk maintenance at its properties. In the service contract, Think Green Alberta agreed to indemnify Riocan in respect of every loss, cost or expense which...Read More
D.S. v. TD Insurance Meloche Monnex, 2017 CanLii 43837 The Applicant, D.S., was running down the street in the early hours of the morning when he tripped and fell, causing serious injuries. He maintained that when he tripped, he landed face first into a parked vehicle. His injuries included spinal fractures that lead to severe...Read More
King v. Dupris and Michaud, 2017 NBQB 100 The Plaintiff, Gloria King, commenced an action against the Defendants after she suffered injuries in a motor vehicle accident. The Defendants’ solicitor filed a motion for production of the Plaintiff’s Section B medical file. The Court reviewed a previous decision of the Court of Appeal on the...Read More
Royal & Sun Alliance Insurance Company of Canada v. Intact Insurance Company, 2017 ONCA 381 Diane Wilson was the owner of a 2004 Impala when her driver’s license was suspended for unpaid fines. Her insurer, Intact, advised her they were cancelling her insurance policy. Ms. Wilson reached an agreement with Intact whereby she maintained insurance...Read More
Saadati v. Moorhead, 2017 SCC 28 Saadati’s truck was hit by Moorhead’s vehicle. Saadati was involved in a previous car accident that left him with chronic pain. This accident allegedly caused him a psychological injury. At trial, Saadati’s lawyer did not produce any expert testimony on the extent of the mental injury, but rather testimony...Read More
Bloomer v Connaught Golf Club, 2017 CarswellAlta 771, 2017 ABPC 105 Mr. Bloomer and his wife were members of the Connaught Golf Club since 2005 and as such, they agreed to abide by the policy, rules and regulations of Connaught Golf Club. Starting in 2009, the Bloomers stored their clubs at the pro-shop after their...Read More
Marsh Canada Ltd. v. Grafton Connor Property Inc., 2017 NSCA 54 The Grafton Connor Group (“Grafton”) owns and manages properties in Nova Scotia, including the North End Pub in Halifax. Beginning in 1999, Grafton purchased insurance for its properties through insurance broker Marsh Canada Limited (“Marsh”). In 2003, Marsh sought coverage for the North End...Read More
Tibbetts v Murphy, 2017 NSCA 35 In this decision, the Nova Scotia Court of Appeal determined that past CPP disability benefits remain deductible from a Plaintiff’s award for lost earning capacity. The plaintiff, Shirley Tibbetts, was injured following a motorcycle-vehicle collision in Antigonish County, Nova Scotia. At trial, it was held that past CPP disability...Read More
Shannon v. Canadian Medical Protective Association, 2017 NBCA 17 In a follow up to our February 2016 Newsletter, the New Brunswick Court of Appeal ruled on whether the Canadian Medical Protective Association (CMPA) has an obligation to indemnify a former physician for a civil claim for damages arising from a sexual assault. Most interesting was...Read More
J.I.L.M. Enterprises & Investments Limited v. INTACT Insurance, 2017 ONSC 357 This case stands as a warning to insurers who maintain a denial of insurance benefits on suspicion of arson after no persuasive evidence is led by police or other investigators proving this to be likely. Here, punitive damages were awarded in the context of...Read More
