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08
Aug

Dispute over ownership of car and coverage stop court from ordering summary judgment

Bourgeois v. Economical Mutual Insurance, 2018 NBQB 85 On August 30, 2015, the defendant Clarke Hannah struck the pedestrian Shawn Bourgeois while Hannah was driving a 2004 Mazda MPV. The plaintiff Bourgeois brought a claim against Hannah and also against Don’s Used Cars as the registered owner of the Mazda. There was a dispute over...
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03
Jul

Policy exclusion bars claim brought by child for personal injuries

Kayter v Personal Insurance Company, 2018 NSSC 79 When Tommy Kayter was three years old his mother accidentally injured him with a ride-on lawnmower, resulting in part of his foot being amputated. Shortly after the accident, Tommy’s father submitted a claim under his home insurance policy with the Personal Insurance Company. The Personal Insurance Company...
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03
Jul

Irrevocable beneficiary must consent before being removed from life insurance policy

Pilon v. Beute, et al 2018 ONSC 2806 On April 1, 2001, Mr. Foster started a job with McGonegal Construction as a bricklayer. As part of his employment, Mr. Foster was entitled to participate in a group insurance plan that was issued by the Great West Life Assurance Company. Mr. Foster named Tracey Pilon, his...
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03
Jul

TD denied order to have Intact pay equal share of indemnity for boating accident

TD General Insurance Company v. Intact Insurance Company (2018) ONSC 2352 On July 17, 2016, Melissa Shawbonquit was a passenger on a boat piloted by Matthew Latendre and owned by Lawrence Latendre. Ms. Shawbonquit commenced a claim against Matthew after he allegedly lost control of the boat, colliding with the shoreline and causing her injuries....
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01
Jun

Vehicle owner liable for failure to secure vehicle after drunk driver injures young woman

Grue v. McLellan, 2018 NSSC 69 Holly Grue was walking home following a community dance in the early morning hours of January 1, 2012 when she was struck by a Jeep driven by Ryan McLellan and owned by Greg McLaughlin. The accident left the Plaintiff with paraplegia and she will have to use a wheelchair...
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01
Jun

Judge reduces costs awarded for damages because Plaintiff failed to mitigate her losses

Ryan v. Curlew, 2018 NLSC 72 On January 11, 2010, Rosemary Ryan was driving her daughter’s car with her daughter as a passenger along Pitts Memorial Drive in Newfoundland. She moved to the left lane to allow room for traffic merging onto the highway when she was struck on her right side and then on...
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01
Jun

Commercial parking garage does not owe a duty of care to teens who stole and crashed car

Rankin (Rankin’s Garage & Sales) v. J.J., 2018 SCC 19 J and C were both minors and were drinking alcohol and smoking marijuana at C’s mother’s home. Sometime after midnight they left C’s mother’s home intending to steal valuables from unlocked cars. They entered an unsecure commercial car garage and checked for unlocked cars. C...
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01
May

New Brunswick Court of Appeal Denies Plaintiff’s Claim for Cost of Medical Marijuana

Despres v. MacDonald Crane Service Ltd. et al., 2018 NBCA 13 The Plaintiff, Robert Despres, was injured in a workplace accident in September 2009 when his hand was crushed between a crane bucket and a building. As a result of the accident, the Plaintiff suffered pain and discomfort in his right thumb and hand. This...
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01
May

Court Orders Insurer to Pay Huge Costs Award for Mounting an Unreasonable Defence

Persampieri v. Hobbs, 2018 ONSC 368 In 2009, the Plaintiff, 84-year-old Maria Persampieri, was a passenger in a motor vehicle that was rear-ended. The Plaintiff brought an action against the Defendants for damages. Defendants’ counsel gave the Plaintiff two options: withdraw the action on a without costs basis or proceed to trial. At the mandatory...
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