Allstate Insurance Company of Canada v Stephen Robb, 2023 NBKB 212 (CanLII) Reading time: 3 minutes (approx.) By: Weston McArthur The Applicant, Allstate Insurance Company, brought an application for the appointment of an umpire pursuant to section 107(5) of the New Brunswick Insurance Act. The Respondent, Stephen Robb, opposed the application on two grounds. Justice...Read More
S.E.C. v. M.P., 2023 ONCA 821 (CanLII) Reading time: 4 minutes (approx.) By: Alexandre Doucet (Articled Clerk) This appeal concerns the scope and limit of judicial discretion to approve settlements involving parties under a legal disability like a minor. This appeal concerned two separate motions. In each, the motion judge approved a settlement under Rule...Read More
Halifax Regional Municipality v Tirrell Shane Carvery and Andrea MacNevin, 2023 NSCA 79 Reading time: 3 minutes (approx.) By: Krista Nasartschuk (Articled Clerk) The Nova Scotia Court of Appeal has strengthened the test for disallowance of a limitations defence. In April 2017, Plaintiff Carvery suffered personal injuries while exiting a Metro Transit bus in Halifax,...Read More
Furtado v. Lloyd’s Underwriters, 2023 ONSC 5803 Reading time: 3.5 minutes (approx.) By: Alexandre Doucet (Articled Clerk) The applicant, a director of a real estate development firm known as Go-To Developments Holdings Inc. (“Go-To”), had a Director and Officer Liability policy through Lloyd’s Underwriters (“Lloyd’s”) covering the period from October 6, 2018, to October 25,...Read More
ALC v. Bergmark Guimond et al., 2023 PESC 48 Reading time: 4 minutes (approx.) By: Alexandre Doucet (Articled Clerk) In this motion for summary judgement the defendants, F&S Holdings Inc. (“F&S”) and Bergmark Guimond Hamarlund Jones Inc. (“Bergmark”), sought dismissal of a claim filed by the plaintiff, Atlantic Lottery Corporation inc. (“ALC”). The third parties,...Read More
Trillium Mutual Insurance Company v. Emond, 2023 ONCA 729 Reading time: 4 minutes (approx.) By: Krista Nasartschuk (Articled Clerk) In 2022, we featured an article on the case of Emond v. Trillium Mutual Insurance Company, 2022 ONSC 5519. This matter has now been successfully appealed by Trillium Mutual Insurance Company (“Trillium). Thank you to Jaime...Read More
William Frank Ralph O/A Motorwerks et al. v. The Manitoba Public Insurance Corporation, 2023 MBKB 116 Reading time: 5 minutes (approx.) By: Alexandre Doucet (Articled Clerk) Mr. and Ms. Ralph (the Plaintiffs) owned a 2009 Dodge Ram truck which was damaged in a tornado in a rural area of Manitoba in August 2018. Mr. Ralph...Read More
Wiener Stadtische Versicherung AFG v. Infrassure Ltd., 2023 ONSC 5256 Reading time: 4 minutes (approx.) By: Alexandre Doucet (Articled Clerk) On February 6, 2011, a failure occurred in the north-east “tap block” in flash furnace 2 at the Vale Limited smelter in Sudbury, Ontario. That failure then led to a run-out of molten matte (a...Read More
Duri Homes Ltd v Quest Coating Ltd, 2023 ABCA 276 Reading Time: 3 minutes (approx.) By: Weston McArthur In April 2016, a house constructed by Duri Homes Ltd (the Appellant) was destroyed in a fire. The Appellant received funds from its insurer to repair the damages, and the insurer initiated a subrogated action against...Read More
