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Newsletters

03
Oct

Stanley Cup Rioters not Jointly Liable for all Damages From Riot

ICBC v. Stanley Cup Rioters, 2016 BCSC 1108 On June 15, 2011, the Vancouver Canucks faced the Boston Bruins in Game 7 of the Stanley Cup Playoffs. Boston won 4-0. The game was broadcast live on a large television screen outside the CBC building in Vancouver. After the final whistle, riots broke out near this...
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31
Aug

Unemployed Tattoo Artist Awarded More than $650,000 for Past and Future Lost Income

Hall v. Guignard, 2016 NBCA 38 This Court of Appeal decision follows after a case we discussed in February of 2013, Hall v. Guignard, 2013 NBQB 7. The Plaintiff was an unemployed tattoo artist who was seriously injured in a motor vehicle accident in February 1996 when the vehicle in which he was a passenger...
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31
Aug

Marijuana Grow-op in Rental Suite does not bar Owner from Insurance Benefits After Fire

Bahniwal v. The mutual Fire Insurance Company of British Columbia, 2016 BCSC 422 Bahniwal was the owner of a property on which he operated a garden supply business. There was also a house on the property that was rented to a single tenant. In August 2010, a fire broke out and completely destroyed the rented...
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31
Aug

Passenger Injured in Car Stolen from Wife is Entitled to Uninsured Motorists’ Coverage

Skunk v Ketash, 2016 ONSC 2019 The Ontario Superior Court of Justice ruled on the availability of uninsured coverage to a policyholder’s husband where the vehicle is operated without the consent of his wife (the owner of the vehicle). In this odd case, the Plaintiff Skunk was a passenger in a car driven by the...
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02
Aug

Daughter did not Have Implied Consent of her Mother to Drive Her Car

Watts v. Bowman, 2016 ONSC 3994 Amanda Bowman was driving her mother’s car, when she struck a vehicle driven by the plaintiff Barbara Watts. The plaintiff suffered a broken wrist and started an action against Amanda her mother Christina Bowman. Most of the facts were in dispute. The only issue was whether Amanda had the...
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02
Aug

Court Orders Self-Represented Litigants to Complete Undertakings

Hatfield v. Intact Insurance Company, 2016 NSSC 150 Linda Hatfield is a litigant with a multitude of physical and mental health issues. After her last two lawyers were withdrawn, she became self-represented. She began an action against Intact Insurance in 2009 related to a claim on her homeowner’s policy. An examination for discovery of Ms....
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02
Aug

Advance Costs Awarded to Plaintiff Despite Potential Liability Issues

Lutwick v. Wood, 2016 NBQB 111 In October 2010 the plaintiff, Peter Lutwick, was injured in a motor vehicle accident as a passenger in the defendant Gerald Gaudet’s vehicle. The defendant Gordon Wood was the driver of a vehicle that hit Mr. Gaudet’s vehicle. Mr. Lutwick filed motion for advance payment pursuant to section 256.6...
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03
Jul

Commercial Liability Insurer Excused From Party Bus Claim

Party Bus Atlantic Inc. v. Temple Insurance Company, 2016 NSSC 96 Party Bus Atlantic Inc. (“Party Bus”) operates a fleet of ‘limousine-like’ buses in the Atlantic Provinces. The buses are equipped with televisions, dance poles, light shows, and stereo systems. Customers typically rent the buses for bachelor parties, birthdays, and proms. Co-operators issued Party Bus...
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03
Jul

Insurer Must Pay Benefits to Intoxicated Man who Tripped Over Parked Motorcycle

Economical Mutual Insurance Co. v. Caughy, 2016 ONCA 226 In August of 2012 Patrick Caughy and his family attended a country music festival in Chatham, Ontario. The festival lasted for several days and the family stayed in their trailer on a nearby camp site. Caughy parked his truck alongside others, creating a walkway. One night...
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