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...Read More
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...Read More
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...Read More
Marsh Canada Ltd. v. Grafton Connor Property Inc., 2017 NSCA 54 The Grafton Connor Group (“Grafton”) owns and manages properties in Nova Scotia, including the North End Pub in Halifax. Beginning in 1999, Grafton purchased insurance for its properties through insurance broker Marsh Canada Limited (“Marsh”). In 2003, Marsh sought coverage for the North End...Read More
Tibbetts v Murphy, 2017 NSCA 35 In this decision, the Nova Scotia Court of Appeal determined that past CPP disability benefits remain deductible from a Plaintiff’s award for lost earning capacity. The plaintiff, Shirley Tibbetts, was injured following a motorcycle-vehicle collision in Antigonish County, Nova Scotia. At trial, it was held that past CPP disability...Read More
Shannon v. Canadian Medical Protective Association, 2017 NBCA 17 In a follow up to our February 2016 Newsletter, the New Brunswick Court of Appeal ruled on whether the Canadian Medical Protective Association (CMPA) has an obligation to indemnify a former physician for a civil claim for damages arising from a sexual assault. Most interesting was...Read More
J.I.L.M. Enterprises & Investments Limited v. INTACT Insurance, 2017 ONSC 357 This case stands as a warning to insurers who maintain a denial of insurance benefits on suspicion of arson after no persuasive evidence is led by police or other investigators proving this to be likely. Here, punitive damages were awarded in the context of...Read More
Garrioch v. Sonex Construction Ltd., 2017 ABCA 105 Sonex Construction allowed its employee, Dustin Garrioch to use its company truck. Unbeknownst to Sonex, Garrioch did not have a driver’s license so he allowed a former employee, Tyler Tessman, to drive the truck for him. Tessman took the company truck on a wild ride through a...Read More
McIntyre v. MacKnight, 2017 NBBR 24 This cautionary tale serves as a warning to those choosing to attend the next ‘hootenanny’ outside Miramichi, New Brunswick. The Plaintiff, Norma-Marie McIntyre, suffered an injury to her hand during a domestic dispute with her daughter-in-law, Krista MacKnight, and then brought an action for damages. At the time of...Read More
