Newsletters

02
Feb

Ontario Superior Court of Justice Cautions Contracting Parties to Carefully Consider Documenting Actions and Agreements

Campus Contracting Inc. v. Torbear Contracting Inc., 2023 ONSC 6782  Reading Time: 4 Minutes (approx.)  By: Alexandre Doucet (Articled Clerk)  The Plaintiff, Campus Contracting Inc., entered into a contract dated December 22, 2005 (“the Contract”) with the Defendant, Torbear Contracting Inc., to provide material and labour for the installation of high-pressured concrete watermains and sewers...
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02
Feb

Nova Scotia Court of Appeal Reiterates Plaintiff Bears Onus on Scope of Soft Tissue Injuries

Cameron v. Pratt, 2023 NSCA 90  Reading Time: 4 Minutes (approx.)  By: Alexandre Doucet (Articled Clerk)  On August 3, 2017, Robert Pratt (Plaintiff in the underlying matter, Respondent in the appeal) was travelling on Brunswick Street in Truro, Nova Scotia on his motorcycle. David Cameron was parked along the shoulder of the road in a...
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02
Feb

Notification of Incident Does Not Equate Notification Of Injury

Jakupovic v Intact Insurance Company, 2023 CanLii 122890 (CANLAT)  Reading Time: 3 minutes (approx.)  By: Krista Nasartschuk (Articled Clerk)  The Ontario License Appeal Tribunal has determined that notification of a motor vehicle accident does not equate to a notification of injury for the purposes of applying for statutory accident benefits.  Hussein Jakupovic, the Applicant, was...
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28
Dec

New Brunswick Court stresses the need for cooperation and collegiality in appraisal under the Insurance Act

Allstate Insurance Company of Canada v Stephen Robb, 2023 NBKB 212 (CanLII) Reading time: 3 minutes (approx.) By: Weston McArthur The Applicant, Allstate Insurance Company, brought an application for the appointment of an umpire pursuant to section 107(5) of the New Brunswick Insurance Act. The Respondent, Stephen Robb, opposed the application on two grounds. Justice...
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28
Dec

Ontario Court of Appeal clarifies the extent to which court-mandated settlement proceedings involving minors are subject to the open court principle

S.E.C. v. M.P., 2023 ONCA 821 (CanLII) Reading time: 4 minutes (approx.) By: Alexandre Doucet (Articled Clerk) This appeal concerns the scope and limit of judicial discretion to approve settlements involving parties under a legal disability like a minor. This appeal concerned two separate motions. In each, the motion judge approved a settlement under Rule...
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28
Dec

Court Clarifies What is Key in Deciding Whether to Exercise Discretion to Disallow a Limitations Defence

Halifax Regional Municipality v Tirrell Shane Carvery and Andrea MacNevin, 2023 NSCA 79 Reading time: 3 minutes (approx.) By: Krista Nasartschuk (Articled Clerk) The Nova Scotia Court of Appeal has strengthened the test for disallowance of a limitations defence. In April 2017, Plaintiff Carvery suffered personal injuries while exiting a Metro Transit bus in Halifax,...
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01
Dec

Ontario Court Highlights the Importance of Notifying Insurer of Claims ASAP

Furtado v. Lloyd’s Underwriters, 2023 ONSC 5803 Reading time: 3.5 minutes (approx.) By: Alexandre Doucet (Articled Clerk) The applicant, a director of a real estate development firm known as Go-To Developments Holdings Inc. (“Go-To”), had a Director and Officer Liability policy through Lloyd’s Underwriters (“Lloyd’s”) covering the period from October 6, 2018, to October 25,...
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01
Dec

PEI Court Reiterates Limitation Period Rules and Delineates Third-Party Costs

ALC v. Bergmark Guimond et al., 2023 PESC 48 Reading time: 4 minutes (approx.) By: Alexandre Doucet (Articled Clerk) In this motion for summary judgement the defendants, F&S Holdings Inc. (“F&S”) and Bergmark Guimond Hamarlund Jones Inc. (“Bergmark”), sought dismissal of a claim filed by the plaintiff, Atlantic Lottery Corporation inc. (“ALC”). The third parties,...
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01
Dec

Court of Appeal Allows Insurer’s Appeal on Covered Rebuilding Costs

Trillium Mutual Insurance Company v. Emond, 2023 ONCA 729 Reading time: 4 minutes (approx.) By: Krista Nasartschuk (Articled Clerk) In 2022, we featured an article on the case of Emond v. Trillium Mutual Insurance Company, 2022 ONSC 5519. This matter has now been successfully appealed by Trillium Mutual Insurance Company (“Trillium). Thank you to Jaime...
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