English / Français

Newsletters

01
Feb

Standard of Care for Issuing Aircraft Insurance Illuminated

Brousseau Estate v Dubarry Estate, 2022 ABQB 60. By: Weston McArthur (Student-at-Law) Reading Time: 3 Minutes At paragraph 1, W.S. Schlosser, Master of the Alberta Court of Queen’s Bench, summarized this complex, multi-party, multi-action matter: “[h]ere are four competing summary judgement applications in two consolidated actions arising from a fatal plane crash resulting in the...
Read More
01
Feb

Never Go to Court With Just News Articles

Costanza v Desjardins Financial Security Life Assurance Company, 2022 ONSC 432. By: Weston McArthur (Student-at-Law) Reading Time: 4 Minutes Mr. Dean Costanza (the Insured) took out a life insurance policy with State Farm, which is now Desjardins Financial Security Life Assurance Company (the Respondent). When the Insured filed for it, he had to answer a...
Read More
01
Feb

What Does Accident Mean Under Ontario Statutory Benefits?

Fariad v Intact Insurance Company, 2021 ONSC 6965. By: Weston McArthur (Student-at-Law) Reading Time: 3 Minutes Masood Fairad (the Appellant) was an Uber driver in Toronto, ON. On June 10, 2018, The Appellant was out working. A group of passengers called the Appellant’s Uber over to pick them up. After he picked them up and...
Read More
04
Jan

Wording of “Other Insurance” Clauses Affect Division of Legal Costs Between Multiple Insurers

Berkley Insurance v Aviva Insurance et al., 2021 ONSC 6596. Reading Time: 3 minutes Weston McArthur (Student-at-Law) John Doe, a practicing nurse in Ontario and member of the College of Nurses of Ontario (CNO), was insured under two professional liability insurance policies, one through the Applicant (Berkley Insurance) and the other through the Respondents (Aviva...
Read More
04
Jan

Courts Have Little Leeway When Statutory Conditions Are Clear and Unambiguous

Kutlarovski v Aviva Insurance Company, 2021 ONSC 6850. Reading Time: 4 minutes Weston McArthur (Student-at-Law) Lambrini and Zoran Kutlarovski (hereinafter the “Plaintiffs”) owned a cottage which was badly damaged in a windstorm. They filed a claim with their insurer, the Aviva Insurance Company (hereinafter the “Defendant”). A dispute arose between the parties as to the...
Read More
04
Jan

Missing Policy Can Cover Insureds if Proof of Its Existence Is Provided

York Regional District School Board v Travelers Canada, 2021 ONSC 7246. Reading Time: 3 minutes Weston McArthur (Student-at-Law) In this case, York Regional District School Board (hereinafter the “Applicant”) sought an order which would require Travelers Canada (hereinafter the “Respondent”) to defend and indemnify it in an action which had been brought against the Applicant...
Read More
06
Dec

Supreme Court of Canada Clarifies Criteria Government Decisions Must Meet to Be Immune to Negligence

Nelson (City) v Marchi, 2021 SCC 41. Reading Time: 5 Minutes Author: Weston McArthur (Student-at-law) In early January 2015, the city of Nelson in British Columbia (the Appellant) had bad snowfall. As a result, city employees began snow removal. During this, the Appellant’s employees removed snow from angled parking spots throughout the city. Snow removal...
Read More
06
Dec

Alberta Court Applies Recent Supreme Court Ruling on Limitations to Shut Down Plaintiff’s Case

Lafferty v Co-operators General Insurance Co, 2021 ABCA 359. Reading Time: 4 Minutes Author: Weston McArthur (Student-at-law) The Plaintiffs, a mother and son, owned a house which was rented out to tenants. They had a home insurance policy with the Co-operators General Insurance Company (the Defendant) which the Plaintiffs intended to cover this rental. The...
Read More
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...
Read More
1 8 9 10 11 12 34