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Legal Blog

03 May 2021

Punitive damages found to not be necessary in case involving fraud as court finds that costs, compen

by Morgan MacPherson

Traders General Insurance Co. v. Kayes et al., 2020 ONSC 5991


On December 9, 2009, Mohammed Kayes, then 17 years old, and without a driver’s license, borrowed his mother’s vehicle and a short time later was involved in a motor vehicle accident with another driver.  After the accident, Mr. Kayes phoned his father, who attended at the scene with his brother (Mr. Kayes’ uncle).  Mr. Kayes’ father told him to go home, which he did.  After Mr....

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03 May 2021

Buyer’s Regret Is Not Grounds To Set Aside A Valid Agreement

by Morgan MacPherson

William J. McNichol v. Cooperators General Insurance Company 2020 NBQB 188

The Plaintiff, Mr. McNichol was injured in a car accident. As a result of his injuries, he commenced an action against his own insurer, The Cooperators under the NBEF No. 44 – Family Protection Endorsement on his auto policy.


During the examination for discovery, settlement discussions between the two parties were successful. The Cooperators made a settlement...

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03 May 2021

Insurer ordered to pay “mental distress damages” for terminating LTD benefits

by Morgan MacPherson

Kardaras v. Sun Life Assurance Company of Canada, 2020 ONSC 3925

In September 2014, Voula Kardaras was diagnosed with major depressive disorder. She took a medical leave of absence from work and her disability insurer, the Defendant, Sun Life Assurance Company of Canada (“Sun Life”) granted her benefits up until December 2015 when she was to complete a gradual return to work.

While Ms. Kardaras was in the midst of her gradual return to...

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06 Apr 2021

Exacerbation of injury is correct measure of damages in a crumbling skull case

by Justin Szmadyla

This article was originally published by The Lawyer’s Daily (www.lawyersdaily.ca), part of LexisNexis Canada Inc.

In the case of Boyetchko v. Mentias 2021 BCSC 172, the plaintiff, Lynn Boyetchko, was involved in two separate motor vehicle accidents over three years apart. In both accidents she was a seat-belted front seat passenger in a vehicle that was rear ended. The defendants in each action admitted liability for the accidents and that...

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31 Mar 2021

Not expressing a price for goods in a contract does not mean there is no contract

by Catherine McLatchie

Mike’s Custom Woodworks Ltd. v St. James Gate Ltd. (2021) NBQB 033

In 2016 and 2017, Mike’s Custom Woodworks Ltd. (Mike’s) entered into a construction contract with St. James Gate in Moncton, New Brunswick to provide custom wooden dining tables at their Fox Creek location. The parties agreed that the cost of those tables would be $3,000 per table.

In the Spring of 2017, St. James Gate hired Mike’s for a construction project for their...

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