English / Français

Newsletters

01
Feb

Court Finds Plaintiff Not Credible, and Finds Injuries Pre-existing

Gale v. Purcell, 2018 NSSC 319 The Plaintiff, Angela Gale was a mother of two who worked as a dental assistant in Dartmouth, Nova Scotia. However, in 2006, due to a motor vehicle accident, Mrs. Gale suffered injuries to her left arm, which led to a change in career to a receptionist position at a...
Read More
01
Feb

Insurer Estopped From Denying Coverage After Providing Defence

The Commonwell Mutual Assurance Group v. Campbell, 2018 ONSC 5899 In April 2013, Shayne Campbell borrowed a dirt bike from his girlfriend’s father, who was the CEO of RCOMM Radio Inc, where Mr. Campbell also worked. The dirt bike was also registered to RCOMM Radio Inc. As Mr. Campbell was driving the dirt bike, he...
Read More
06
Jan

Aviva to Pay Residential Landlord for Theft by Property Manager

688857 Ontario Limited v Aviva Insurance Company of Canada, 2018 ONSC 5891 Gabriele Zeh-Abramsky is the principal and sole shareholder of the Plaintiff company and was insured by Aviva Insurance. Ms. Abramsky is a residential landlord who hired a property manager to collect rental payments from tenants and deposit them into the bank, amongst other...
Read More
06
Jan

Loss of Income Due to Inability to Flip Houses Approved With Minimal Evidence

Paul Johnston v Marjorie Jones, 2018 NBQB 123 Paul Johnston claimed damages against Marjorie Jones for injuries suffered in a car accident on August 26, 2011 in Fredericton, New Brunswick. Liability of the accident was admitted; therefore, the trial was to determine the assessment of damages. Mr. Johnston was traveling at a speed of 70...
Read More
06
Jan

Court Cut Loose the Moose Claim for Diminished Value of Vehicle After Collision

Dion v Security National Insurance Co. 2018 ABPC 242 Security National Insurance Company brought an application for summary judgment for dismissal of Mr. Dion’s claim for diminished value of his vehicle after striking a moose. The insurer indemnified the costs to repair the vehicle but denied the claim for diminished value. The insured argued that...
Read More
02
Dec

Supreme Court of Canada Transfers Life Insurance Proceeds from Named Beneficiary to Insured’s Former

Moore v Sweet, 2018 SCC 52 Lawrence and Michelle Moore married and had three children together. In 1985, Lawrence purchased a term life insurance policy with $250,000.00 in coverage.  Lawrence designated Michelle as the revocable beneficiary and paid the premiums from the Moores’ joint bank account.  In 2000, the Moores separated.They agreed orally that Michelle...
Read More
02
Dec

Insurer Must Indemnify Church for Compensation Payments Made to Abuse Victims.

Aviva Insurance Company of Canada v. L’Évêque Catholique Romain de Bathurst, 2018 NBCA 64. In 2002, Valéry Vienneau was appointed Bishop of the Roman Catholic Diocese of Bathurst.   Soon thereafter, Mr. Vienneau was contacted by individuals alleging Fathers Charles Picot and Levi Noel had sexually abused them.  The RCMP charged and tried both Picot and...
Read More
02
Dec

Court Penalizes Insurer for Failing to Properly Explain to Insured Its Denial of His Claim.

Augspols v G. Bates Plumbing and Intact Insurance Co., 2018 ONSC 7038 In 2007, Arnie Augspols found water in his basement. Mr. Augspols hired a plumber, who discovered and repaired a broken pipe. In 2010, sewage backed up into Mr. Augspols’ basement through a floor drain.  He hired another plumber, who replaced the sanitary line...
Read More
31
Oct

Insurer Estopped from Denying Coverage After Defending Claim for Three Years

Bradfield v. Royal and Sun Alliance Insurance Company of Canada, 2018 ONSC 4477 On May 29, 2006, Mr. Devecseri was the lead motorcyclist in a group which included the Plaintiff Jeffrey Bradfield.  Mr. Devecseri crossed into the opposite lane of traffic, collided with an oncoming car and was killed instantly.  Jeffrey Bradfield was also hit...
Read More
1 20 21 22 23 24 34