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...Read More
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...Read More
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 After her last two lawyers were withdrawn, she became self-represented.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....Read More
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...Read More
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...Read More
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...Read More
Shongu v. Jing, 2016 BCSC 901 Mr. Shongu was born in the Democratic Republic of the Congo. During the DRC’s civil war, Mr. Shongu witnessed horrific events including the murder of his parents and other friends and family members. As a result, he suffered from a variety of psychiatric problems including nightmares, hallucinations and phobias....Read More
Dewitt (Litigation guardian of) v. Strang, 2016 NBQB 28 This case deals with the question of whether a waiver signed by a 16 year old should be considered to bar him from making a claim after being personally injured. Thomas Dewitt was 15 years old when he competed in a motocross event Sackville, New Brunswick...Read More
Batalla v. St. Michael’s Hospital, 2016 ONSC 1513 When disabled claimants want to settle their claims, a judge is typically required to approve the amounts paid to the claimant and to the claimant’s lawyer. This case provides a helpful example of what judges consider when deciding whether to approve a settlement reached for a disabled...Read More
