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Newsletters

01
Oct

New Brunswick Court Confirms Insurer Authority to Set Reasonable Kilometric Allowances under Section B

Prestidge v Definity Insurance Company, 2025 NBKB 200 (CanLII) Reading Time: 4 minutes (approx.) By: Fiona Costello (Articled Clerk) The Applicant, Ms. Prestidge, was injured in a motor vehicle accident and required physiotherapy and massage therapy. She held a Standard Automobile Policy issued by Definity Insurance, under which Section B provided that Definity would pay...
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01
Oct

Insurers Acting as Statutory Third Parties Must Disclose the Factual Basis of a Coverage Denial When it Directly Impacts a Plaintiff’s Right to Compensation

Harris v. Stennett, 2025 ONSC 5111 (CanLII) Reading Time: 4 minutes (approx.) By: Sarah Richard The Ontario Superior Court of Justice ruled on a dispute between the Plaintiffs, Kaijah and Velma Harris, and Third Party, The Personal Insurance Company. The case arose from a 2016 car accident in which Kaijah Harris, then 20, sustained catastrophic...
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01
Oct

NLCA Finds that Breach of Sale Agreement Did Not Entitle Innocent Party to Terminate Contract

Nova Fish Farms Inc. v Cold Ocean Salmon Inc., 2025 NLCA 28 (CanLII) Reading time: 3 minutes (approx.) By: Hayley Gardner (Articled Clerk) In February 2020, Nova Fish Farms Inc. and Cold Ocean Salmon Inc. entered into an Agreement of Purchase and Sale in which Cold Ocean agreed to sell several trout farms to Nova...
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28
Aug

Court Highlights Importance of Documentation, Due Diligence, and Proper Legal Title in Insurance Claims

Eric Aucoin v. Insurance Company of Prince Edward Island & Blake A. Gardner, 2025 NBKB 151 (CanLII)  Reading Time: 3 minutes (approx.)  By: Sarah Richard   The case involved a Plaintiff who sought coverage under an all-perils automobile insurance policy after the RCMP seized his 2021 Ford Expedition Platinum due to a tampered VIN, indicating the...
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28
Aug

Nova Scotia Court Orders Payment for Unsanctioned Remediation Work

Rainbow International Restoration of Halifax v. Chen, 2025 NSSM 28 (CanLII)  Reading Time: 3 minutes (approx.)  By: Fiona Costello (Articled Clerk)  The Small Claims Court of Nova Scotia considered a dispute arising from Hurricane Fiona, where the basement of a property owned by the Defendant had flooded. The Defendant’s insurance agent, Ryan Smith, contacted the...
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28
Aug

“Suspicious Circumstances” Surrounding Testator’s Mental Capacity Constitutes Genuine Issue for Trial

Pike v. Pike, 2025 NLSC 106  Reading time: 6 mins (approx.)  By: Hayley Gardner (Articled Clerk)  Mr. Pike died in October 2023. Prior to his death, he had signed a Will in October 2020 and two Codicils in November 2021 (collectively referred to as “the Wills”). He had named one of his three children, his...
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ankle injury
05
Aug

Failure to Apportion Losses from Divisible Mental Injury Proves Fatal to Damages Assessment

7-Eleven Canada Inc. v. Tommy, 2025 BCCA 220 Reading time: 5 minutes (approx.) By: Hayley Gardner (Articled Clerk) A recent decision from the British Columbia Court of Appeal reveals that a Trial Judge’s failure to engage in an analysis of whether or not an injury is divisible may be fatal to the entire assessment of...
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house fire 05 08 2025 09 05 42 353
05
Aug

NBKB Clarifies Insured’s Duties under Homeowner’s Insurance Policy

Bernard c La Personnelle compagnie d’assurances, 2025 NBBR 146 (CanLII) Reading Time: 4 minutes (approx.) By: Sarah Richard The New Brunswick’s Court of King’s Bench recently released a decision regarding a dispute over an insured’s duties under an homeowner’s insurance policy.  The Plaintiff’s property in Saint-Arthur, New Brunswick, was damaged by a fire on May...
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settlement
05
Aug

New Brunswick Court of King’s Bench Family Division Determines Whether Personal Injury Settlements Constitute Marital Property

LM. C. R.L. – 2025 NBBR 160 Reading time: 3.5 minutes (approx.) By: Fiona Costello (Articled Clerk) In a recent divorce proceeding, the central dispute concerned the division of funds received by the Applicant wife from personal injury settlements and insurance proceeds related to a motor vehicle accident. In September 2011, the Applicant invested a...
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