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Edmison v. Wawanesa, 2016 SKPC 120 Patricia Edmison responded to an online advertisement seeking mystery shoppers for a market research company.  She received cheques from the “market research company” which she cashed, and used to purchase gift cards and transferred money through Western Union back to the “market research company”. The cheques deposited in Ms....
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West v. Canadian Direct Insurance, 2016 BCSC 1903 On May 29, 2014 a large tree fell across the front of Diane Jane West’s property. The tree caused damage to the home and knocked out power for a period of 9 to 10 days. While the insurer’s investigation revealed only minor damage, the insured claimed that...
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Lizotte v Aviva Insurance Company of Canada, 2016 SCC 52 The Chambre de l’assurance de dommages (“Chambre”) is a Quebec regulator which was created by the provincial government to investigate complaints related to insurance claims and claims adjustment. While investigating a claims adjuster, Chambre employee Karen Lizotte ordered Aviva Insurance Company of Canada (“Aviva”) to...
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Relja et al v. Village of New Maryland et al, 2016 NBQB 189 In the spring of 2014, residents along two streets in the Village of New Maryland (the “Village”) had their basements flood. The summer before, the Village completed changes to the storm sewers in the area which the residents said led to the...
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Blenus v. The Dominion of Canada General Insurance Company, 2016 NSSC 162 In May of 2003, Donald Blenus was hired by the Sherman family to remove and compact soils on a building lot in King’s County, Nova Scotia. Two years later, the Shermans built a home the same lot. The Sherman home was later sold...
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Howatt v. Chandler, 2016 NSSC 216 The Plaintiff, Paula Howatt, a resident of Kentville, Nova Scotia, was injured in a motor vehicle accident in 2010. After a painful failed rehabilitation attempt, in 2012 Ms. Howatt had an operation to fuse her C5-6/C6-7 vertebrae and insert a stabilizing metal plate. In the years following the operation,...
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Williams v. Canales, 2016 BCSC 1811 Klaudia Williams brought a lawsuit for alleged injuries she suffered while exercising with her personal trainer, Naomi Canales, at the Amazing Personal Training Studio Ltd. (“APT”). APT’s facility is used by various trainers and their clients, but APT does not employ the trainers. Arbutus Village Holdings Ltd. (“AVH”) owns...
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Arch Insurance Canada Ltd. v. Financial and Consumer Services Commission et al., 2016 NBCA 53 The Financial and Consumer Services Commission is a provincial crown corporation charged with, among other things, regulating and enforcing securities legislation. To protect itself and its employees from claims arising from its activities, the Commission purchases liability insurance. From 2010...
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Ledcor Construction Ltd v. Northbridge, 2016 SCC 37 In this case, the Supreme Court of Canada interpreted the “faulty workmanship” exclusion under a Builders’ Risk insurance policy. During a construction project, a company hired to clean windows used the wrong equipment and products and scratched the windows. The windows had to be replaced at a...
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Zheng v. John Galon Insurance Services, 2016 SKPC 090 The Plaintiff contacted the Defendant broker to purchase insurance for his new home. The broker assisted the Plaintiff to fill out his insurance application.  In the application, the Plaintiff stated that he was not seeking coverage for rental income, was not renting any rooms and would...
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