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Legal Blog
Riddle v Colchester (Municipality of the County), 2023 NSSC 24  Reading Time: 5 minutes (approx.)  By: Chloe Jardine (Articled Clerk)   Mary Riddle (“the Plaintiff”) was an American tourist visiting Five Islands Lighthouse (“the Lighthouse”) in Five Islands, Nova Scotia, in July 2019 when she fell from the observation deck to the second floor through the...
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Gray v Intact Insurance, 2023 CanLII 133 (ON LAT) Reading Time: 3 minutes (approx.) By: Chloe Jardine (Articling Clerk) The Applicant, Hailey Gray, was “involved” in a motor vehicle accident on August 14, 2019, and claimed entitlement to statutory accident benefits under the Statutory Accident Benefits Schedule, Effective September 1, 2010, O Reg 34/10 (“the...
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The Appellant’s final argument was that there was “a material distinction between her intention to obtain the Percocet pills and her intentions regarding the patients’ records” [para 66]. In effect, she tried to argue that her accessing patient records was an “unintended consequence of her intentional conduct to obtain the pills” [para 66]. The Court...
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Searles v Economical Insurance, 2022 ONSC 7217. Reading Time: 3 minutes (approx.) By: Weston McArthur (Articled Clerk) Christine and Darrell Searles, the Applicants, had a home insurance policy with Economical Mutual. Eventually, the Applicants sold their home. In 2013, the purchaser of the home sued the Applicants for damages, alleging that home renovations done by...
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Bains v Cheema, 2022 BCCA 430. Reading Time: 5 minutes (approx.) By: Weston McArthur (Articled Clerk) Dilsher Cheema was injured in a rear-end motor vehicle accident that took place on January 28, 2018. Liability was not in issue, and the trial judge awarded the Plaintiff $102,062.86 in overall damages, $50,000 of which was awarded for...
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Whalen & Chaisson v Allstate et al, 2022 NBKB 233 Reading Time: 3 minutes (approx.) By: Chloe Jardine (Articled Clerk) A dispute between Peter Whalen and Nicole Chiasson (“the Plaintiffs”) and their insurer, Allstate Insurance Company of Canada (“the Defendant”) regarding restoration costs to the Plaintiffs’ property following a flood resulted in the filing of...
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Aviva Insurance Company of Canada v Macdonald, 2022 NBCA 68 Reading Time: 3 minutes (approx.) By: Chloe Jardine (Articled Clerk) In the November edition of “In Brief,” we reported on MacDonald v. Aviva, 2022 NBQB 140. In that case, Joyce MacDonald, who was injured in a motor vehicle accident, was found to be entitled to...
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Property Damage Claim
Doucette v City of Charlottetown, 2022 PESC 11 Reading Time: 3 minutes By: Chloe Jardine (Articled Clerk) Gail Doucette (“Plaintiff”) filed an action against the City of Charlottetown (“the City”) following an oil leak at the Sherwood Recreation Hall in 2013. The Plaintiff, who had been residing in her home since 1982, was informed of...
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Erosion
AIG Insurance Company of Canada v Lloyd’s Underwriters, 2022 ONCA 699. Reading Time: 4 minutes By: Weston McArthur (Articled Clerk) The Forgets owned a home in Timmins, Ontario, which they moved into in 2013. Three years after they moved in, the home experienced progressive damage due to land erosion and instability. The homeowners sued the...
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Flooding
Emond v Trillium Mutual Insurance Company, 2022 ONSC 5519. Reading time: 6 minutes (approx.) By: Weston McArthur (Articled Clerk) In April 2019, the Emonds’ home was washed into the Ottawa River by flooding. The Emonds had a homeowners’ insurance policy with Trillium Mutual Insurance Company (“Trillium”). This policy included guaranteed rebuilding cost coverage (“GRC”). The...
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