MacPherson v. Strait Regional Center for Education, 2023 NSSC 167 (CanLII) Reading Time: 3 minutes (approx.) By: Alexandre Doucet (Articled Clerk) This matter concerned what is known as “occupiers’ liability”, a duty of care on the property’s occupier to ensure that all visitors are reasonably safe. MacPherson (hereinafter the “Plaintiff”) tripped and fell in a washed-out rut...Read More
Beaudin v. Travelers Insurance Company of Canada, 2022 ONCA 806 (CanLII) Reading Time: 3 minutes (approx.) By: Alexandre Doucet (Articled Clerk) Beaudin, a 29-year-old at the time of the incident, was riding his dirt bike at Gopher Dunes Park in Norfolk County, Ontario. Trying for a good time at a qualifying race, Beaudin was at the home...Read More
Live Nation v Aviva, 2023 ONSC 2284. Reading Time: 4 minutes (approx.) By: Weston McArthur Live Nation Ontario Concerts GP Inc. (hereinafter, “Live Nation”) hosts concerts in Ontario. Live Nation contracted Northwest Protection Services LTD (hereinafter, “NPS”) to provide security for the event for a concert that was scheduled for September 1, 2016. Live Nation’s commercial...Read More
Mullay v Shaba, 2023 ONSC 2022 Reading Time: 4 minutes (approx.) By: Chloe Jardine (Articled Clerk) This Motion stems from a motor vehicle accident which occurred on July 19, 2020. The Plaintiff was previously unsuccessful attempting to serve the Defendant with the Statements of Claim at the address listed on the accident report and sought an order for substituted service to serve...Read More
Wust (Estate) v Novex Insurance Company, 2023 NBKB 62. Reading Time: 6 minutes (approx.) By: Weston McArthur (Articled Clerk) This matter concerned two class action lawsuits launched against The Estate of Pierre Wüst (the “Estate”). Mr. Wüst was a massage therapist who, from around 2006 to 2017, filmed his patients as they were receiving massages from him and saved the recordings on his computer....Read More
John Howard Society of Peel-Halton-Dufferin v Pennock, 2023 ONSC 2839. Reading Time: 4 minutes (approx.) By: Weston McArthur (Articled Clerk) On May 12, 2021, the John Howard Society of Peel-Halton-Dufferin (the “Plaintiff”) filed a motion for default judgement against two of the defendants named in the action: Darren Pennock and Nancie Parker (the “Defendants”). Because the Defendants’ Statement of Defence was struck out, they were...Read More
Martin et al v Estate of Pierrette Landry and Pembridge Ins. Co., 2023 NBKB 32. Reading Time: 3 minutes (approx.) By: Weston McArthur (Articled Clerk) The Plaintiffs were all involved in a motor vehicle accident in which Pierrette Landry (now represented by her Estate) attempted suicide by crossing the center lane into oncoming traffic. Ms. Landry’s insurer was Pembridge...Read More
Graysbrook Capital Ltd. v Viva Development Inc., 2023 NBKB 35 Reading Time: 3 minutes (approx.) By: Chloe Jardine (Articled Clerk) The Plaintiff, Graysbrook Capital Ltd. (“Graysbrook”), pursued a claim against several defendants (“Defendants”) for the balance of a loan for the construction of a building in Saint John, New Brunswick. A fire occurred on March 16, 2022, following which the building was deemed a total loss. The Defendants then pursued a Third-Party...Read More
Ontario v St. Paul Fire and Marine Insurance Company, 2023 ONCA 173 Reading Time: 5 minutes (approx.) By: Chloe Jardine (Articled Clerk) The appellant, His Majesty the King in the Right of Ontario (herein “Ontario”), appealed a decision which found that its general liability insurer, St. Paul Fire and Marine Insurance Company (herein “the Insurer”), did not have a duty to defend Ontario in a class action as the claims being alleged did...Read More
