Newsletters

01
Sep

New Brunswick Court Clarifies the Circumstances Requiring an Appraisal Umpire

Marc Girouard v. Frank Cowan Company limited, 2023 NBKB 38 Reading Time: 3 minutes  (approx.) By: Alexandre Doucet (Articled Clerk) Mason de la Butte Ltée (Insured) held an insurance policy issued by Frank Cowan Company Limited (Insurer) for which provided coverage in the event of a loss to the real and personal property of the insured...
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01
Sep

Ontario Court Explain Application of Limitation Periods to Amended Claims

Nero v. Allstate Insurance Company, 2023 ONSC 4472 Reading Time: 3 minutes  (approx.) By: Alexandre Doucet (Articled Clerk) This action arises out of a residential fire and an alleged breach of contract. Nero (Plaintiff) was the owner of the property and had obtained an all-risks policy from Allstate Insurance Company of Canada (Defendant) when he began...
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01
Sep

New Brunswick Court Comments on the Use of Partial Summary Judgement

656214 NB Ltd. v Venmar Ventilation ULC, 2023 NBKB 91 Reading Time: 6 minutes  (approx.) By: Weston McArthur The Plaintiffs owned property in Fredericton, New Brunswick, that suffered fire damage on December 17, 2017. In the Statement of Claim, the Plaintiffs alleged that Venmar Ventilation ULC (Defendant Venmar) had negligently manufactured a Heat Recovery Ventilator (...
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04
Aug

Court Clarifies Payout Mechanism for Insurance Claims

Canadian Lawyers Insurance Association v. Drover, 2023 CarswellNfld 190, 2023 NLSC 106 Reading Time: 3 minutes  (approx.) By: Alexandre Doucet (Articled Clerk) The Canadian Lawyers Insurance Association (CLIA) provides errors and omissions insurance to the Law Society of Newfoundland and Labrador and its members. The insurance indemnifies lawyers from claims made when they make errors in...
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04
Aug

Nova Scotia Court to Decide if Expired Steamship Inspection Certificate Breaches Insurance Policy

Louisbourg Seafoods Limited v. Underwriters at Lloyd’s, 2023 NSSC 175(CanLII). Reading Time: 4 minutes  (approx.) By: Alexandre Doucet (Articled Clerk) On September 7, 2019, Hurricane Dorian struck the Port of Louisburg, Nova Scotia. During the storm a fishing vessel named “Kelly & Jordan”, which was owned by Louisbourg Seafoods, broke from her mooring lines and capsized....
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04
Aug

Court Clarifies Nature of Continuing Cause of Action

Tyszko v St. Catharines (City), 2023 ONSC 2892 (CanLII). Reading Time: 4 minutes  (approx.) By: Weston McArthur On September 12, 2002, the Defendant City of St. Catharines installed a storm sewer on the Plaintiff’s property. Later, on July 13, 2021, the Plaintiff brought an action in negligence against the Defendant, alleging that the storm sewer had...
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05
Jul

Nova Scotia Court Illustrates Duty of Care Limits on Occupiers’ Liability Principles

MacPherson v. Strait Regional Center for Education, 2023 NSSC 167 (CanLII)  Reading Time: 3 minutes  (approx.) By: Alexandre Doucet (Articled Clerk)  This matter concerned what is known as “occupiers’ liability”, a duty of care on the property’s occupier to ensure that all visitors are reasonably safe. MacPherson (hereinafter the “Plaintiff”) tripped and fell in a washed-out rut...
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05
Jul

Ontario Court of Appeal Interprets Off-Road Vehicles Act to Clarify Exemptions

Beaudin v. Travelers Insurance Company of Canada, 2022 ONCA 806 (CanLII)  Reading Time: 3 minutes  (approx.) By: Alexandre Doucet (Articled Clerk)  Beaudin, a 29-year-old at the time of the incident, was riding his dirt bike at Gopher Dunes Park in Norfolk County, Ontario. Trying for a good time at a qualifying race, Beaudin was at the home...
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04
Jul

Court Clarifies the Place of Equitable Contribution Where Two Policies Respond to a Loss

Live Nation v Aviva, 2023 ONSC 2284.  Reading Time: 4 minutes  (approx.) By: Weston McArthur  Live Nation Ontario Concerts GP Inc. (hereinafter, “Live Nation”) hosts concerts in Ontario. Live Nation contracted Northwest Protection Services LTD (hereinafter, “NPS”) to provide security for the event for a concert that was scheduled for September 1, 2016. Live Nation’s commercial...
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