Newsletters

02
Oct

Claimant entitled to SEF 44 coverage despite no “physical contact” with unidentified motorist

Funk v. Wawanesa Mutual Insurance Company 2017 ABQB 308 On May 20, 2008, Andrew Funk was driving his 1999 Jeep TJ on a dark highway near Edmonton, Alberta.  As he was travelling on the highway, he noticed headlights coming in the opposite direction. As he proceeded down the highway, the headlights moved into Mr. Funk’s...
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04
Sep

Plaintiff awarded $79,000 advance payment for TMJ treatment, dental implants

Cormier v. Daigle, 2017 NBQB 099 On May 7, 2015, the plaintiff, 62-year-old Winnifred Cormier, was involved in a motor vehicle accident in Moncton. She commenced an action against the defendant, Eric Daigle, for damages. The parties conducted an Examination for Discovery of Ms. Cormier in October 2016. She agreed to respond to 21 undertakings...
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04
Sep

Good faith insurer to pay full indemnity costs for wrongful denial of coverage

Hoang v. The Personal Insurance Co, 2017 ONSC 4193 On August 6, 2004, Mr. Can Hoang drove his Toyota with his two children, along with his niece and his nephew, from Scarborough to downtown Toronto. Mr. Hoang dropped off the children at the intersection of Yonge and Queen and then drove away to find parking....
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04
Sep

Insurer must defend property owner and snow removal company in slip-and-fall lawsuit

Riocan Holdings Inc. v. Intact Insurance Co., 2017 ABCA 73 Riocan Holdings Inc. owns several properties in Alberta. Riocan contracted with Think Green Alberta to carry out snow removal and sidewalk maintenance at its properties. In the service contract, Think Green Alberta agreed to indemnify Riocan in respect of every loss, cost or expense which...
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01
Aug

Man Who Trips and Falls Face First on Parked Vehicle Entitled to Section B Benefits

D.S. v. TD Insurance Meloche Monnex, 2017 CanLii 43837 The Applicant, D.S., was running down the street in the early hours of the morning when he tripped and fell, causing serious injuries.  He maintained that when he tripped, he landed face first into a parked vehicle. His injuries included spinal fractures that lead to severe...
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01
Aug

Plaintiff Ordered to Request and Produce Section B Medical File

King v. Dupris and Michaud, 2017 NBQB 100 The Plaintiff, Gloria King, commenced an action against the Defendants after she suffered injuries in a motor vehicle accident. The Defendants’ solicitor filed a motion for production of the Plaintiff’s Section B medical file. The Court reviewed a previous decision of the Court of Appeal on the...
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01
Aug

Ontario Court of Appeal Upholds Enforceability of Unapproved Insurance Form

Royal & Sun Alliance Insurance Company of Canada v. Intact Insurance Company, 2017 ONCA 381 Diane Wilson was the owner of a 2004 Impala when her driver’s license was suspended for unpaid fines. Her insurer, Intact, advised her they were cancelling her insurance policy. Ms. Wilson reached an agreement with Intact whereby she maintained insurance...
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05
Jul

Supreme Court rules medical evidence or formal diagnosis is not necessary to prove mental injury

Saadati v. Moorhead, 2017 SCC 28 Saadati’s truck was hit by Moorhead’s vehicle. Saadati was involved in a previous car accident that left him with chronic pain. This accident allegedly caused him a psychological injury. At trial, Saadati’s lawyer did not produce any expert testimony on the extent of the mental injury, but rather testimony...
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05
Jul

Golfers compensated when golf course misplaces their clubs

Bloomer v Connaught Golf Club, 2017 CarswellAlta 771, 2017 ABPC 105 Mr. Bloomer and his wife were members of the Connaught Golf Club since 2005 and as such, they agreed to abide by the policy, rules and regulations of Connaught Golf Club. Starting in 2009, the Bloomers stored their clubs at the pro-shop after their...
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