enfr

Legal Blog

08
Nov

Release Agreements are Not Presumed to Have Confidentiality Clauses

McMillan Estate v Booth, 2021 NSSC 284. Reading Time: 3 Minutes Author: Weston McArthur In this case, Douglas McMillan, as Executor of the Estate of Veronica McMillan, (the Plaintiff) brought a claim against Steven Booth (the Defendant) pursuant to Nova Scotia’s Fatal Accidents Act. The Plaintiff and the Defendant came to a settlement. This agreement...
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08
Nov

Court Clarifies Test for Establishing When Exclusions Apply

Easy Fashion Adaptive Clothing Ltd v Co-Operators General Insurance Company, 2021 NBQB 207. Reading Time: 3 Minutes Author: Weston McArthur Easy Fashion Adaptive Clothing Ltd (the Plaintiff) is a retailer that sells clothing customized to fit the needs of those with disabilities. In July 2020, the Plaintiff purchased insurance from The Co-Operators General Insurance Company...
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08
Nov

Not Reading Policy Costs Insured More Because They Wrongly Sued.

Larsen v Assureway Group, 2021 NBQB 211. Reading Time: 3 Minutes Author: Weston McArthur In October 2017, Mr. Jason Larsen (the Plaintiff) bought a 2017 Chevrolet Cruze for $24,961.38. He also purchased a True Gap Insurance (TGI) policy from Assureway Group (the Defendant) for $39,145.50. In the event of an accident, this type of policy...
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04
Oct

Court Lays Out Responsibility of Insurance Broker to Client

Kevin Trites v ACP Insurance Ltd, 2021 NBQB 194. Written by: Weston McArthur Reading time: 3 minutes Kevin Trites (the Insured) was the owner of a property that included a residence along with several other buildings/structures, some of which were being used for commercial purposes. The Insured had obtained home insurance to cover this property....
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04
Oct

Mental Incapacity May Delay Limitations Period

Williston v Pembridge Insurance, 2021 NBQB 176. Written by: Weston McArthur, Student-at-Law Reading Time: 4 minutes Robert Williston (the Plaintiff) was involved in a motor vehicle accident on March 31, 2015. He was driving along Trans-Canada Highway between Edmundston and Grand Falls, New Brunswick, when he saw a vehicle approaching him that was twisting and...
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04
Oct

NBCA Clearly Explains Duty to Defend Principles

Michaud v Sécurité Nationale compagnie d’assurance, 2021 NBCA 39. Written by: Weston McArthur, Student-at-Law Reading Time: 4 minutes Samuel Michaud celebrated his high school graduation with friends at a place known as the Beach Club in Point-Calument, Quebec. At some point, things got rowdy; in the resulting fight involving the Plaintiff, his friends, and other...
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02
Sep

Supreme Court Clarifies Law on Release Clauses

Read time: 3 minutes (approx.) Written by: Weston McArthur (Student-At-Law) Corner Brook (City) v Bailey, 2021 SCC 29. In Corner Brook (City) v Bailey, the Defendant struck the Plaintiff with her car. The Plaintiff, an employee of the City of Corner Brook, Newfoundland, was performing road work at the time of the accident. The Defendant...
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02
Sep

Insurers May Have to Payout Prior to Trial

Read time: 3.5 minutes (approx.) Written by: Weston McArthur (Student-At-Law) Mathieu c Cormier, 2021 NBBR 124. In Mathieu c Cormier, the Defendant struck the Plaintiff with her vehicle while the Plaintiff was crossing at a crosswalk in Moncton, New Brunswick. The Plaintiff’s injuries were catastrophic, leaving her in a vegetative state for two months post-accident....
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02
Sep

Relevancy Versus Prejudice: Surveillance Evidence Must Pass the Test

Read time: 3 minutes (approx.) Written by: Charles Foster, Q.C. Rumney v Nelson, 2021 ONSC 5632. Written by Charles Foster, Q.C. This case stems from a 2012 motor vehicle accident in which the Plaintiff’s vehicle was struck by a vehicle owned by a construction company. Both the construction company and the vehicle driver are named...
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