Newsletters

30
Jan

Hearing or Seeing an Accident Does Not Constitute Being “Involved” in an Accident for the Purposes of Statutory Compensation in Ontario

Gray v Intact Insurance, 2023 CanLII 133 (ON LAT) Reading Time: 3 minutes (approx.) By: Chloe Jardine (Articling Clerk) The Applicant, Hailey Gray, was “involved” in a motor vehicle accident on August 14, 2019, and claimed entitlement to statutory accident benefits under the Statutory Accident Benefits Schedule, Effective September 1, 2010, O Reg 34/10 (“the...
Read More
30
Jan

Court Denies Coverage in Case Concerning Tort of Intrusion Upon Seclusion

The Appellant’s final argument was that there was “a material distinction between her intention to obtain the Percocet pills and her intentions regarding the patients’ records” [para 66]. In effect, she tried to argue that her accessing patient records was an “unintended consequence of her intentional conduct to obtain the pills” [para 66]. The Court...
Read More
30
Jan

Relief From Forfeiture Denied After Insured Waited 7 Years to Notify Insurer

Searles v Economical Insurance, 2022 ONSC 7217. Reading Time: 3 minutes (approx.) By: Weston McArthur (Articled Clerk) Christine and Darrell Searles, the Applicants, had a home insurance policy with Economical Mutual. Eventually, the Applicants sold their home. In 2013, the purchaser of the home sued the Applicants for damages, alleging that home renovations done by...
Read More
28
Dec

BCCA Upholds Test for Ascertaining Future Loss of Income

Bains v Cheema, 2022 BCCA 430. Reading Time: 5 minutes (approx.) By: Weston McArthur (Articled Clerk) Dilsher Cheema was injured in a rear-end motor vehicle accident that took place on January 28, 2018. Liability was not in issue, and the trial judge awarded the Plaintiff $102,062.86 in overall damages, $50,000 of which was awarded for...
Read More
28
Dec

New Brunswick Court Exercises Discretion on Cost Award for “Frivolous” Claim

Whalen & Chaisson v Allstate et al, 2022 NBKB 233 Reading Time: 3 minutes (approx.) By: Chloe Jardine (Articled Clerk) A dispute between Peter Whalen and Nicole Chiasson (“the Plaintiffs”) and their insurer, Allstate Insurance Company of Canada (“the Defendant”) regarding restoration costs to the Plaintiffs’ property following a flood resulted in the filing of...
Read More
28
Dec

Previous Decision Entitling Plaintiff to Section B Income Loss Benefits After Lengthy Return to Work Overturned

Aviva Insurance Company of Canada v Macdonald, 2022 NBCA 68 Reading Time: 3 minutes (approx.) By: Chloe Jardine (Articled Clerk) In the November edition of “In Brief,” we reported on MacDonald v. Aviva, 2022 NBQB 140. In that case, Joyce MacDonald, who was injured in a motor vehicle accident, was found to be entitled to...
Read More
Property Damage Claim
29
Nov

PEI Court Grants Substantial Damage Award in Property Damage Claim

Doucette v City of Charlottetown, 2022 PESC 11 Reading Time: 3 minutes By: Chloe Jardine (Articled Clerk) Gail Doucette (“Plaintiff”) filed an action against the City of Charlottetown (“the City”) following an oil leak at the Sherwood Recreation Hall in 2013. The Plaintiff, who had been residing in her home since 1982, was informed of...
Read More
Erosion
29
Nov

ONCA Strongly Affirms that Duty to Defend Cases Are Not “Trials Within Trials”

AIG Insurance Company of Canada v Lloyd’s Underwriters, 2022 ONCA 699. Reading Time: 4 minutes By: Weston McArthur (Articled Clerk) The Forgets owned a home in Timmins, Ontario, which they moved into in 2013. Three years after they moved in, the home experienced progressive damage due to land erosion and instability. The homeowners sued the...
Read More
Flooding
29
Nov

Exclusions Nullifying Coverage that Go Against Reasonable Expectations Can Be Struck

Emond v Trillium Mutual Insurance Company, 2022 ONSC 5519. Reading time: 6 minutes (approx.) By: Weston McArthur (Articled Clerk) In April 2019, the Emonds’ home was washed into the Ottawa River by flooding. The Emonds had a homeowners’ insurance policy with Trillium Mutual Insurance Company (“Trillium”). This policy included guaranteed rebuilding cost coverage (“GRC”). The...
Read More
1 2 3 29