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case3 14 01 2026 09 22 50 208
15
Jan

New Brunswick’s Court of King’s Bench Clarifies Bodily Injury and Property Damage Priorities Under the Insurance Act

Ville de Dieppe v. Monette Diane Jaillet & Gaston Honoré Caissie, 2025 NBKB 266 (CanLII) Reading time: 4 minutes (approx.) By: Fiona Costello (Articled Clerk) This case arose from a motor vehicle accident in which the defendant driver struck a traffic light pole and control cabinet owned by the plaintiff. Passengers in the defendants’ vehicle...
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case2 14 01 2026 09 22 51 325
14
Jan

No Duty to Defend or Indemnify Venue Owner Under Event Insurance Policy

Van Daele v. Waring House et al, 2025 ONSC 6687 (CanLII) Reading time: 4 minutes (approx.) By: Sarah Richard In this case, the Ontario Superior Court of Justice addressed whether an event insurance policy obtained by the wedding hosts required Co-operators General Insurance Company to defend or indemnify the venue owner after a professional photographer...
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case1 14 01 2026 09 22 49 448
14
Jan

New Brunswick Court of Appeal Finds Errors of Law in Trial Judge’s Causation Analysis

Meghan Trainor v. Sebastien DeArcos, 2025 NBCA 131 Reading time: 5 minutes (approx.) By: Hayley Gardner (Articled Clerk) This decision stems from an appeal of Trainor v. DeArcos, 2024 NBKB 158, which we previously reported on in our December 2024 newsletter. That action arose from a March 2014 motor vehicle accident in which Ms. Trainor...
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01
Dec

Failure to Draw Adverse Inference against Insurer Who Declined to Call Expert Witness Found to be a Reversible Error of Law

Mattson v. TD General Insurance Company, 2025 NBCA 114  Reading time: 5 minutes (approx.)  By: Hayley Gardner (Articled Clerk)  This action arose out of a motor vehicle accident in which the appellant, Ms. Mattson, suffered serious injuries to her upper body, neck, and back, including a major blow to the head. Following the accident, Ms. Mattson...
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01
Dec

New Brunswick Court of Appeal Clarifies Limits on Considering Surrounding Circumstances in the Interpretation of Wills

Stuart v. Estate of Vernon Allan Sanford et al., 2025 NBCA 110 (CanLII)  By: Fiona Costello (Articled Clerk)  Reading Time: 3 minutes (approx.)  In 2006, Vernon Sanford executed a will dividing the residue of his estate equally between his two eldest sons, Nathanial and Jonathan, stating:  “To divide the rest and residue of my estate...
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01
Dec

Ontario Superior Court Rules Uninsured Driver Unable to Establish Even 1% Fault Against Insured Driver

Recoskie v. Vanderheuvel et al., 2025 ONSC 5856  Reading time: 3 minutes (approx.)  By: Sarah Richard  This case arises from an accident that occurred on April 25, 2015, in Renfrew County in Ontario. The accident took place on a narrow gravel road with no marked center line. One of the named defendants, Vandenheuvel, was uninsured;...
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27
Oct

The Ontario Superior Court of Justice clarifies the insurer’s duty to indemnify for Professional Liability Claims

Monteith & Sutherland v Novex Insurance, 2025 ONSC 4697  Reading time: 4 minutes (approx.)  By: Sarah Richard   A land surveying company, the applicant, was hired to provide surveying services for a wastewater utilities project in Halton Hills (the “Halton Project”). During the project, a claim was filed (the “Halton Claim”) against the applicant, alleging substandard...
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27
Oct

Ontario Court of Appeal Clarifies the Test for Entitlement to Income Replacement Benefits Beyond 104 Weeks of Disability

Traders General Insurance Company v. Rumball, 2025 ONCA 656  Reading time: 3 minutes (approx.)  By: Hayley Gardner (Articled Clerk)  The appellant in this matter, Ms. Rumball, was involved in a motor vehicle accident that she claimed left her unable to return to her job as an educational assistant. She applied to her insurer, Traders General...
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27
Oct

Court-Ordered Buyout Resolves Bathurst Property Dispute

Hachey v Hachey, 2025 NBKB 211 (CanLII)  Reading Time: 3 minutes (approx.)  By: Fiona Costello (Articled Clerk)  Denise Hachey died on May 1, 2005, after which the family home, located at 355 St. Peter Avenue was inherited by her sons, Philippe and Jean-Paul Hachey. In 2011, the sons transferred the property to themselves as tenants...
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