Warnell v. Cumby, 2017 NSSC 88 The plaintiffs, Jamie and Deborah Warnell, both sustained injuries to their necks and backs in a motor vehicle accident which took place in July of 2010. Ms. Warnell’s injuries caused her to cease working roughly 15 months after the accident. Meantime, Mr. Warnell’s injuries allegedly lead to reduced function...Read More
Valard Construction v Bird Construction Company, 2016 ABCA 249 Bird Construction was a project manager/general contractor for a large construction contract for Suncor Energy. As project manager, they hired Langford Electric as a subcontractor. As a subcontractor, Langford Electric was to obtain a labour and materials bond, which they did. In order to complete part...Read More
Tracy v. Magic Mountain Ltd., 2017 NBQB 23 The Plaintiff Elizabeth Tracy and her husband brought their three children to the Defendant’s amusement park. While there, the Plaintiff was allegedly injured while on a water slide named the “Torpedo”. Ms. Tracy commenced an action against the Defendant alleging negligence. The Defendant denied negligence. The Plaintiff...Read More
Francouer v. Beaulieu, 2017 NBQB 9 The plaintiff, Francoeur, was injured in a motor vehicle accident on September 5, 2014. He was a passenger in a vehicle driven by Nadia Ouellette who allegedly ran a stop sign and was involved in a collision with a vehicle driven by Wendy Beaulieu. An action was commenced against...Read More
Eastland Industries Ltd. v. Casey, 2016 NBCA 57 Derrick Casey was severely injured when, while hired to remove snow from the roof of a building, he fell through the roof and landed on the cement floor 18 feet below. Mr. Casey had not previously worked for Eastland Industries Ltd., the building’s owner. The snow removal...Read More
J.J. v. C.C., 2016 ONCA 718. 15-year-old J.J. and his teenaged friends spent a summer night drinking alcohol and smoking marijuana. Around 11:00 pm, J.J. and his friend, C.C., decided to walk around town and steal items from unlocked cars. They ended up at Rankin’s Garage, a car dealership which also services and sells cars...Read More
Stairs v. CFM Corporation et al., 2017 NBCA 8 On March 24, 2008, an explosion caused damage to the home of Mr. and Ms. Stairs. The Stairs’ home was covered by a homeowner’s policy issued by Intact Insurance, which eventually paid approximately $320,000 to cover the Stairs’ property damage. Mr. and Ms. Stairs sued the...Read More
Sabean v. Portage La Prairie Mutual Insurance Co., 2017 SCC 7 The Supreme Court of Canada has recently ruled on an appeal of a Nova Scotia Court of Appeal decision that we had previously covered in July 2015. Mr. Sabean was in a motor vehicle accident in Bridgewater, Nova Scotia in October 2004. He successfully...Read More
Ketler v. Nova Scotia (Attorney General), 2016 NSCA 64 In May 2007, the Province of Nova Scotia implemented a new standard for timber bridges. Pursuant to the standard, new bridges must include a metal guardrail instead of a traditional wooden railing. The Province prepared a prioritized replacement list for existing bridges with wooden railings. McPhee...Read More
