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05
Apr

Breach of Statutory Condition Must Occur “at Time of Incident” for Coverage Denial

Pridmore v. Drenth, 2023 ONSC 817 Reading Time: 5 minutes (approx.) By: Charles Foster & Jadrien Hong In March of 2014, Breanne Pridmore (the Plaintiff) was injured while a passenger on an ATV driven by Tyler Drenth and owned by his father, Theodore Drenth (collectively, the Defendants). The Defendant owner had an insurance policy issued...
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05
Apr

“Within the Dwelling” Interpreted to Within Exterior Walls for Purposes of Insurance Application in British Columbia

Gill v The Wawanesa Mutual Insurance Company, 2023 BCCA 97 Reading Time: 3 minutes (approx.) By: Chloe Jardine (Articled Clerk) In December 2019, water backed up and escaped from a drain located in the sun deck area of a home owned by the Gills (“the Gills”). The sun deck was akin to an exterior room,...
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05
Apr

Court Clarifies the Weight of Video Evidence and the Law on Advance Payments

LeBlanc v Losier and Losier, 2023 NBQB 23. Reading Time: 6 minutes (approx.) By: Weston McArthur (Articled Clerk) Tammy Leblanc, the Plaintiff was involved in a motor vehicle accident with Julien and Guy Losier (the Defendants) on September 15, 2018, in Bartibog, New Brunswick. The Plaintiff took action against the Defendants and subsequently brought a...
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02
Mar

Albert Court of Appeal Upholds Common Law Rule on Fraud

Abbas v Esurance Company of Canada, 2023 ABCA 36  Reading Time: 6 minutes (approx.)  By: Weston McArthur (Articled Clerk)  Mr. Abbas (“the Plaintiff”) was involved in a motor vehicle accident as a passenger where the driver was uninsured. He made claims for Section B benefits and SEF No. 44 benefits, but in his Section B...
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02
Mar

Initiating a Road Rage Incident Enough to Find Third Party Liable for Motor Vehicle Accident in Ontario

Moran v Fabrizi, 2023 ONCA 21  Reading Time: 3 minutes (approx.)  By: Chloe Jardine (Articled Clerk)   Tate Moran (“the Plaintiff”) was injured in a motor vehicle accident while a passenger in a minivan driven by her grandmother. Ottavio Fabrizi (“the Defendant”) ran a red light and struck the minivan, resulting in the Plaintiff’s injuries. The...
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02
Mar

Property Owner and Lessee May Share Liability Due to Post-Accident Actions, Regardless of Lease Terms

Riddle v Colchester (Municipality of the County), 2023 NSSC 24  Reading Time: 5 minutes (approx.)  By: Chloe Jardine (Articled Clerk)   Mary Riddle (“the Plaintiff”) was an American tourist visiting Five Islands Lighthouse (“the Lighthouse”) in Five Islands, Nova Scotia, in July 2019 when she fell from the observation deck to the second floor through the...
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30
Jan

Hearing or Seeing an Accident Does Not Constitute Being “Involved” in an Accident for the Purposes of Statutory Compensation in Ontario

Gray v Intact Insurance, 2023 CanLII 133 (ON LAT) Reading Time: 3 minutes (approx.) By: Chloe Jardine (Articling Clerk) The Applicant, Hailey Gray, was “involved” in a motor vehicle accident on August 14, 2019, and claimed entitlement to statutory accident benefits under the Statutory Accident Benefits Schedule, Effective September 1, 2010, O Reg 34/10 (“the...
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30
Jan

Court Denies Coverage in Case Concerning Tort of Intrusion Upon Seclusion

The Appellant’s final argument was that there was “a material distinction between her intention to obtain the Percocet pills and her intentions regarding the patients’ records” [para 66]. In effect, she tried to argue that her accessing patient records was an “unintended consequence of her intentional conduct to obtain the pills” [para 66]. The Court...
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30
Jan

Relief From Forfeiture Denied After Insured Waited 7 Years to Notify Insurer

Searles v Economical Insurance, 2022 ONSC 7217. Reading Time: 3 minutes (approx.) By: Weston McArthur (Articled Clerk) Christine and Darrell Searles, the Applicants, had a home insurance policy with Economical Mutual. Eventually, the Applicants sold their home. In 2013, the purchaser of the home sued the Applicants for damages, alleging that home renovations done by...
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