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31
Jan

Ruling on Costs

Armstrong v Lakeridge Resort Ltd., 2017 ONSC 6565 After a jury trial, the Plaintiffs was awarded damages in the amount of $68,250.00 and was entitled to partial indemnity costs. The parties could not agree on costs, and proceeded to a hearing to set costs. The Plaintiffs state that they should be awarded $74,000.00 plus HST...
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02
Jan

Summary Judgment For No Genuine Issue Requiring A Trial

Hicks v Roy 2017 NBQB 205 In the summer of 2015, Joseph Hicks was travelling on his motorcycle when he came to a line of stopped traffic. Instead of waiting in the line of traffic, Mr. Hicks decided to cross the centre line and travel down the lane of opposing traffic. As he drove past...
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02
Jan

Coverage While Driving Rental Car Fell To Rental Company Insurer

Enterprise Rent-A-Car Canada Limited v Intact Insurance Co., 2017 ONSC 7515 In June 2013, Ms. Perets was involved in a motor vehicle collision while driving a rental car from Enterprise Rent-A-Car. Occupants from another vehicle brought an action against Ms. Perets for injury and damages. At issue was which insurer was required to respond to...
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02
Jan

Plaintiff’s Damages Reduced due to Symptoms Caused by Over Medication

Vanwart v. Dunnett, 2017 NBQB 225 Ms. Vanwart, a 37-year-old call centre employee, was injured in a rear-end motor vehicle collision in 2012. Following the collision, she developed chronic headaches and right hip pain, eventually leading to chronic pain. Due to both pre-existing conditions and her accident related injuries, by the time of trial she...
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01
Dec

Solicitor’s negligence does not allow reinstatement of discontinued action

Rafuse v Simms et all 2017 NBQB 171 Cassandra Rafuse was involved in two motor vehicle accidents, one in 2000 and one in 2001.  She commenced actions related to both motor vehicle accidents. In August 2005, a status hearing was held regarding both actions, and the status hearing judge ordered that both matters had to...
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01
Dec

Court orders production of documents from non-party Provincial Government

McCabe v Wawanesa Mutual Insurance Company, 2017 S1-CA-1349 In March 2010, Phyllis McCabe was involved in a motor vehicle accident wherein she suffered a serious brain injury which prevented her from being able to live independently upon her discharge from hospital. McCabe was admitted to Rosewood Residence, a community care facility, where she remained for...
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01
Dec

Claimant entitled to SEF 44 coverage but not his incurred U.S. legal fees

Hartley v Security National Insurance Company 2017 ONCA 715 Glen and Theresa Hartley were injured in a traffic accident while touring on a motorcycle in Minnesota in the US. They retained solicitors in Minnesota and commenced an action related to their motor vehicle accident. The Defendant vehicle was owned by the State of Minnesota, which...
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02
Nov

Concertgoer cannot sue KISS for discrimination

Lee v Simmons et al., 2017 ONSC 4980 On July 25, 2013, Mr. Lee attended a KISS concert at the Canadian Tire Centre in our nation’s capital. Mr. Lee claimed that he’d been kicked out of the KISS concert in Ottawa after one of the band members, Gene Simmons, singled him out to be removed...
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02
Nov

Counsel’s inefficiency reduces costs awarded to Plaintiff

Toth v. City of Niagara Falls, 2017 ONSC 5670 The Plaintiff, a nine-year old girl, was injured when her scooter hit a bump in the sidewalk and she fell, suffering a complicated fracture of her leg. She brought an action against the City of Niagara Falls for negligent maintenance and inspection of its property. At...
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