Legal Blog

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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17
Aug

What Happens Where Too Much Ambiguity Exists?

Hemlow Estate v Co-Operators, 2021 ONSC 664. Read time: 3 minutes (approx.) Written by: Weston McArthur (Student-At-Law)   Hemlow Estate v Co-Operators, an Ontario case, concerned a question of whether an insurer had a duty to defend an insured. John Hemlow (the Insured) was an independent contractor operating as an oil sample technician who insured...
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17
Aug

Be Clear with Terms and Definitions

Osborne v Family Insurance Solutions Inc, 2021 BCCA 104. Read time: 3 minutes (approx.) Written by: Weston McArthur (Student-At-Law)   In Osborne v Family Insurance Solutions Inc, the British Columbia Court of Appeal (BCCA) overturned the British Columbia Supreme Court’s (BCSC) decision that an insurance policy included coverage for soil under an extension provision concerning...
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12
Aug

Foster & Company Wins at the Supreme Court of Canada

Read time: 5 minutes (approx.) Written by: Weston McArthur (Student-At-Law)   Grant Thornton LLP v New Brunswick, 2021 SCC 31. On July 29, 2021, the Supreme Court of Canada found in favour of Grant Thornton LLP and our client, Grant Thornton International Ltd (the Defendants). The Court found that the Province of New Brunswick (the...
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05
Jul

Vacancy exclusion revisited to determine when premise is considered “occupied”

Gregson (Estate) v CAA Insurance, 2021 ONSC 3041 Read time: 2 minutes (approx.) Written by: Weston McArthur (Student-At-Law)   In March of 2017, Agnes Gregson’s house suffered water damage from cracked pipes. In 2016, a social worker determined that Ms. Gregson, who was elderly, was unable to look after herself and she was placed in...
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05
Jul

Exercise caution when Primary and Excess Insurance Policies have similar wording.

Cronos Group v Assicurazioni Generali, 2021 ONSC 1704. Read time: 2 minutes (approx.) Written by: Weston McArthur (Student-At-Law)   Cronos Group Inc. (the Insured) held a Primary Insurance Policy with AXA XL. It also held an Excess Insurance Policy with Assicurazioni Generali SPA. The Primary Policy had a clause in it known as an “Optional...
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05
Jul

What is the meaning of “sudden and accidental”? Furthermore, how long does a party have to bring a claim for environmental contamination under an insurance policy?

Zurich Insurance Company Ltd v Halifax Regional Municipality, 2021 NSCA 43. Read time: 3 minutes (approx.) Written by: Weston McArthur (Student-At-Law)   In June 2021, the Nova Scotia Court of Appeal (NSCA) gave its decision on the appeal of Zurich Insurance Company Ltd v Halifax Regional Municipality, 2020 NSSC 69. This case arises from a...
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