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04
Jul

Ontario court requires insurer to replace, not clean, fire-damaged equipment

Aviva Insurance Co. of Canada v. Freedman, 2024 ONSC 2886 (CanLII)  Reading Time: 3.5 minutes (approx.)  By: Sarah Richard (Articled Clerk)  Following a fire on the main floor of a commercial building, a clinic operating on the third floor, Dr. Lawrence Freedman Dentistry Professional Corporation (“Insured”) made a claim for smoke and water damage to...
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04
Jul

Ontario Court of Appeal provides commentary on the determination of actual cash value in property insurance claims

Intact Insurance Company v Laporte, 2024 ONCA 454   Reading Time: 3 minutes (approx.)  By: Krista Nasartschuk  This appeal stems from a structure fire which occurred in a commercial premises wherein John Laporte, the Appellant, the operated a military apparel business named Warrior Gear. The Appellant’s insurance policy with Intact Insurance, the Respondent, provided for $3...
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04
Jul

PEI Supreme Court rules that workers are entitled to Section B despite entitlement to claim compensation under Worker’s Compensation Act

Field v. Aviva Insurance Company, 2024 PESC 8  Reading Time: 3.5 minutes (approx.)  By: Alexandre Doucet  This case stems from a workplace injury which occurred on June 18, 2021. Maynard Dean Field (the Plaintiff) was injured when he was involved in a motor vehicle accident. At the time, the Plaintiff was operating his vehicle in...
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17
Jun

Legal Transition in New Brunswick: Updating Legal Identification Documents to Match Gender Identity

The information provided in this post does not and is not intended to constitute legal advice but is for general information purposes only.  By: Jadrien Hong and Krista Nasartschuk  Gender transition is a deeply personal journey undertaken by some individuals whose gender identity differs from the sex they were assigned at birth. As part of...
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03
Jun

Insurers Must Establish Formula for Calculating Insured’s Limited Coverage or Imposed Penalty

Agrola Inc. v. Wawanesa Mutual Insurance Company Inc. 2024 ABCJ 92 Reading Time: 4 minutes (approx.) By: Alexandre Doucet (Articled Clerk) In September 2022, Agrola Inc. (the Plaintiff), which operated a garden centre and nursery, suffered a series of thefts and property damage. The Plaintiff was a longstanding client of Wawanesa (the Defendant) and had...
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03
Jun

Ontario Court Considers Procedural Fairness Relating to Material Disclosure and Legibility

Laljee v. Aviva General Insurance Company, 2024 ONSC 2577  Reading Time: 3 minutes (approx.)  By: Alexandre Doucet (Articled Clerk)  This case stems from an appeal of the Licence Appeal Tribunal’s (“LAT”) dismissal of the claimant’s entitlement to benefits pursuant to the Statutory Accident Benefits Schedule – Accidents on or After November 1, 1996, O. Re....
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03
Jun

Zoning Regulations Impact Owner Compensation for Expropriated Property

St. John’s (City) v. Lynch, 2024 SCC 17   Reading Time: 3.5 minutes (approx.)  By: Krista Nasartschuk  This appeal stems from the constructive expropriation of property owned by several members of the Lynch family. The property was located in Newfoundland and Labrador at the Broad Cove River watershed. Expropriation of the property arose because the Broad...
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03
May

New Brunswick Court Reminds Insureds to Comply with Policy Terms Regarding Repairs

668339 NB Inc. v. Royal & Sun Alliance Company of Canada, 2024 NBCA 53  Reading Time: 5 minutes (approx.)  By: Alexandre Doucet (Articled Clerk)  Carmelle Caissie’s home in Cap-Pelé sustained water damage, following which she altered her insurer, Royal & Sun Alliance Company of Canada (the Respondent). Per the terms of the policy, the Respondent...
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03
May

Ontario Court Reviews Principles of Procedural Fairness

Shahin v. Intact Insurance Company 2024 ONSC 2024  Reading Time: 4.5 minutes (approx.)  By: Alexandre Doucet (Articled Clerk)  This appeal stems from a motor vehicle accident which occurred in 2013. Ms. Shahin (the Appellant) claimed she had suffered a catastrophic impairment and sought accident benefits from her insurer, Intact Insurance Company (the Respondent). Her claim...
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