MacGlashing v. Fernley and City of Moncton, 2022 NBQB 129 Read Time: 4 minutes By: Chloe Jardine (Articling Student) On March 30, 2016, Natalie MacGlashing (“the Plaintiff”) and Sarah Fernley (“the Defendant Fernley”) were involved in a motor vehicle accident in Moncton, New Brunswick. The Plaintiff claims that the Defendant Fernley failed to stop at...Read More
Lin v Weng, 2022 ONCA 367. Reading Time: 3 minutes (approx.) By: Weston McArthur (Articling Student) At paragraph 1, Justice Feldman summarized the facts of this case: “The appellant’s tenants burned down his property on the last day of their tenancy. They caused a fire and explosion in the basement by using a butane lighter,...Read More
GFL Infrastructure Group Inc v Temple Insurance Company, 2022 ONCA 390. Reading Time: 5 minutes (approx.) By: Weston McArthur (Articling Student) The Toronto Standard Condominium Corporation No. 2299 (hereinafter, “TSCC 2299”) is the owner of a large residential condominium tower in the Distillery District of downtown Toronto. Distillery S.E. Development Corp., Cityscape Development Corporation, and...Read More
Lloyd’s Underwriters Syndicate No. 1183 TAL et al. v. McCain Foods Limited et al. –, 2022 NBQB 93 Read Time: 5 minutes (approx.) By: Chloe Jardine (Articling Student) This decision stems from a complex litigation between McCain Foods Ltd. and McCain Foods USA, Inc. (“the Plaintiffs”) and insurer Lloyd’s Underwriters (“the Defendant”). This initial motion...Read More
Cooperators General Insurance Company et al. v Martin et al., 2022 NBCA 15. Reading Time: 4 Minutes By: Weston McArthur (Articling Student) When a third party is injured by a liable driver in an automobile accident, they can sue the driver and get compensation from their automobile insurance. The importance of this to the automobile...Read More
Mansour v Rampersad, 2022 ABCA 173 Read Time: 3 minutes (approx.) By: Chloe Jardine (Articling Student) In May 2015, a vehicle owned by Krista Pinksen (“Ms. Pinksen”) was being driven by Roger Rampersad (“Mr. Rampersad”) when it collided with Yaser Mansour’s (“Mr. Mansour”) vehicle. The lengthy legal battle was concerned with the issue of whether...Read More
Lloyd’s Underwriters v Jagoe, 2022 NBCA 7. Reading Time: 6 minutes (approx.) By: Weston McArthur In a previous newsletter, we reported on the case recorded as Doug Jagoe v Lloyd’s Underwriters, 2021 NBQB 220, which has recently gone to appeal (see our article here: https://fosterandcompany.com/insurers-need-to-be-careful-to-define-key-words-in-policies/). To review the underlying case, Mr. Jagoe (Plaintiff in the...Read More
Province of New Brunswick v Clayco Construction (2001) Ltd, et al, 2022 NBQB 66. Read Time: 4 minutes (approx.) By: Chloe Jardine (Articling Student) In 2006, the Province of New Brunswick (“the Plaintiff”) awarded a contract to the Clayco Construction (2001) Ltd. (“the Defendant”). This contract was to complete the removal of remaining portions of...Read More
Figueroa-Monaca v Vautour-Landry, 2022 NBQB 98. Reading Time: 4 minutes (approx.) By: Weston McArthur (Articling Student) On May 7, 2018, Mr. Mario Figueroa-Monaca (“the Plaintiff”) was involved in a motor vehicle accident. Ms. Norma Vautour-Landry (“the Defendant”) rear-ended the Plaintiff’s vehicle in Shediac, New Brunswick, when the Plaintiff was at a stop in heavy traffic....Read More
Nebozuk v Northbridge General Insurance Corporation, 2022 ABQB 212. Reading time: 4 min (approx.) Written by: Weston McArthur (Student-at-Law) In July 1998, the Plaintiff was involved in a motor vehicle accident. On October 31, 2017, the underlying tort action finally settled. On December 20, 2018, the Plaintiff filed a Statement of Claim commencing an action...Read More
