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31
Jan

New Minor Injury Cap Limits Nova Scotian’s Claim for Damages

Gibson v. Julian, 2016 NSSC 15 This recent case from Nova Scotia is a review of how that province’s new minor injury cap is applied in motor vehicle accident claims. Debra Gibson was injured in a motor vehicle accident. Liability was found to be 100% against the defendant, Mary Julian. Ms. Gibson’s injuries were a...
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04
Jan

Broker Found 50% Liable for Insured’s Building Fire

Grafton Connor Property Inc. v. Murphy, 2015 NSSC 195 The Grafton Connor Group (hereafter “Grafton”) owns and manages a number of properties in Nova Soctia, one of which was the North End Pub in Halifax. Beginning in 1999, Grafton purchased insurance for its properties through insurance broker Marsh Canada Limited (hereafter “Marsh”). In 2003, Marsh...
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04
Jan

Plaintiffs Dinged with $85k Costs for Unsubstantiated Bad Faith Claims Against Insurers

MacPherson Estate v. Clarica Life Insurance Co., 2015 NBQB 162 Dr. William MacPherson died in 2003 when his vehicle was struck by a train. Family members applied to Clarica Life and Sun Life for accidental death benefits under Dr. MacPherson’s insurance policies. Both insurers refused to pay benefits. The insurers argued that Dr. MacPherson did...
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04
Jan

Creditors can no Longer Have Bankrupt Debtors’ Driving Licences Suspended

Alberta (Attorney General) v. Moloney, 2015 SCC 51 In 1989, Joseph Moloney was in a motor vehicle accident for which he was at fault. The driver of the other car was injured. Moloney was uninsured and had few assets, so the other driver sought compensation from Alberta’s Administrator for Motor Vehicle Accident Claims. The Administrator...
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