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31
Oct

Court Refuses to Find Implied Consent of Mother when Unlicensed Son Drove Vehicle

Michaud-Shields v. Gough, 2018 ONSC 4977 Justin Gough’s license was suspended in 2005.  He was living with his parents at that time, and his Ford F150 pickup truck sat unused until 2009, when his mother, Nancy Gough, had the truck transferred into her name and insured it. On June 30, 2012, Nancy and her husband...
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02
Oct

Future CPP disability benefits are not deductible from loss of earnings

Holland v. Sparks, 2018 NSSC 136 Catherine Holland suffered injuries as a result of a motor vehicle accidents in May 2013.  She commenced an action against the allegedly at fault driver, the Defendant Josh Sparks. Following her motor vehicle accident, the Plaintiff started receiving CPP disability benefits, which she was continuing to receive as of...
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02
Oct

PEI Court Makes First Ever Award for Advance Payment

Fraser v. Runighan, 2018 PESC 26 On January 12, 2012, Veronica Fraser was a passenger in a vehicle driver by her husband, Barry Fraser.  They were travelling in a west bound direction on Route 10, when a vehicle coming in the opposite direction and driven by Candace Runighan, crossed over the center line and collided...
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02
Oct

Court Upholds Denial of Fire Loss Claim on Basis of Arson

Bidart v. The Portage La Prairie Mutual Insurance Company, 2017 NSSC 126 Mr. Bidart was involved in legal proceedings with a former spouse which led to a judgment registered against him in the amount of $16,024.54.  The legal proceedings along with other issues led to financial hardship for Mr. Birard, leading to his bank accounts...
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04
Sep

Requirement of Physical Contact under SEF No. 44 Endorsement Upheld by Court of Appeal

Funk v. Wawanesa, 2018 ABCA 200 This is an appeal of a decision we previously covered in October, 2017.  On May 20, 2008, Mr. Funk was operating his vehicle at night when an oncoming vehicle crossed the center line into Mr. Funk’s lane of travel.  Mr. Funk took evasive action and managed to avoid a...
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04
Sep

Statutory Benefits Provided Where Insured Injured When Pushed While Closing Van Door

North Waterloo Farmers Mutual Insurance Co. v. Sama, 2018 ONSC 2143 Khuram Samad was driving his 2006 Dodge Caravan on December 13, 2012 as a taxi, when he picked up two passengers at a grocery store.  Mr. Samad got into an argument with the passengers, which led to the front seat passenger punching Mr. Samad,...
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04
Sep

Subcontractors Found to Be Covered Despite Not Being Named Insured In Liability Policy

Surespan Structures Ltd. V. Lloyd’s Underwriters, 2018 BCSC 1058 Stantec Engineering purchased a Liability Policy related to a contract to design and build two hospitals with parkades in British Columbia.   The application for insurance included an attached list of subcontractors as additional insureds. At the time of the application, it was believed that Stantec would...
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08
Aug

Supreme Court of Canada declines to hear case on NB minor injury cap

Leave denied by SCC from Douthwright v. Duffy, 2017 NBCA 60 On August 2, 2018, the Supreme Court of Canada denied the application of the plaintiff Shirley Douthwright for leave to appeal a December 2017 decision of the New Brunswick Court of Appeal. In that earlier decision, the plaintiff was appealing a 2015 decision on...
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08
Aug

Battle of experts prevents court from awarding advance payment

Dartt v. Decoste, 2018 NSSC 24 On September 3, 2015, the plaintiff Katherine Bennett was involved in a motor vehicle accident in New Glasgow, Nova Scotia. The plaintiff was a passenger in a vehicle driven by the second plaintiff, Dartt. Their vehicle was rear-ended by the defendant driver, Decoste. Decoste admitted liability for the collision,...
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