Apostolidis v. Canadian Northern Shield Insurance Co., 2018 BCSC 481 The 78-year-old widower Plaintiff owned a large home in Kelowna that he insured with Canadian Northern Shield Insurance (hereafter “CNS”). The Plaintiff was away overnight at a Casino when the house fire occurred. The plaintiff swore a proof of loss in respect of the damage...Read More
Middleton v Pankhurst, 2017 ONCA 835 On January 24, 2009 Tyler Middleton and Mr. Pankhurst went ice fishing on Lake Simcoe. Mr. Pankhurst travelled by snowmobile and at the time of driving he possessed a valid driver’s licence, which had been issued to him without any restrictions. Mr. Pankhurst however had a probation order arising...Read More
Douglas v Stan Fergusson Fuels Ltd., 2018 ONCA 192 The Ontario Court of Appeal this month overturned an earlier appeal ruling in a case involving an insurer’s right to subrogate a claim in the name of an undischarged bankrupt. In January 2008, Stan Fergusson Fuels Ltd. delivered more than 600 litres of fuel oil to...Read More
Bent v MacFarlane, 2018 NBCA 17 In March 2010 Monica Bent was injured in a motor vehicle accident whereby she suffered various injuries. By the date of trial, she was in receipt of Canada Pension Plan Disability benefits and Section B weekly indemnity benefits as a result of her injuries and pre-existing multiple sclerosis. At...Read More
Aviva Insurance v. Security National Insurance, 2017 ONSC 4924 On January 31, 2013 Mr. Bashir Ali suffered injuries while a passenger in a vehicle insured by Aviva. Mr. Bashir did not have his own motor vehicle insurance, however his wife, Ms. Shire, from whom he was allegedly separated from, did have a policy of insurance...Read More
Lefeuvre v. Boekee, 2017 ONSC 6874 The Plaintiff Randy Lefeuvre was seriously injured when he was a pedestrian on the side of the road that was struck by a vehicle. Mr. Lefeuvre started an action against the driver that struck him, along with two Municipalities (Durham and Clarington), the utility Company in charge of the...Read More
Taylor v. Co-operators General Insurance Company, 2017 ABQB 705 Randy Taylor lived in Fort Saskatchewan, Alberta and owned a rental property in Westlock, Alberta. The rental property was rented to a married couple, who eventual separated, and ended their lease effective June 29, 2015. Mr. Taylor did not advise his insurer that the tenants had...Read More
Aviva Insurance Company v. Intact Insurance Company, 2018 ONSC 238 Aviva Insurance brought an application to compel Intact Insurance to contribute to costs incurred in defending and settling a liability claim against their mutual insured, Sanjay Patel. Mr. Patel’s friend sustained injuries when he fell off a ladder during an after-hours jam session held at...Read More
Gerald Doucet v. Dr. Sean Dennis Christie and Dr. Ciara Harraher, 2017 NBQB 185 Gerald Doucet underwent a nerve biopsy on December 3, 2009 in Halifax, Nova Scotia to confirm a diagnosis of chronic inflammatory demyelinating polyneuropathy. This requires the removal of a nerve from the left ankle. On December 3, 2009, Dr. Harraher mistakenly...Read More
