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Car Accident – Removing Snow from a Parked Car does not Constitute an Accident in the Eyes of the Law – Liability Insurer Ordered to Indemnify a Person who Fell While Removing Snow from his Car

FIRM:Donati Maisonneuve
DATE:March 2018
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Blackburn v. Vaillancourt, 2017 QCCS 3499 Laval Blackburn (“Blackburn“) instituted a claim for damages against Marie-Josée Vaillancourt (“Vaillancourt“) after he fell while removing snow from his car on Vaillancourt’s property. The Facts On March 8, 2014, Blackburn found himself on Vaillancourt’s property. When … Read more »

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Bending but not breaking – How far will courts go to accommodate a self-represented litigant?

FIRM:Fillmore Riley LLP
JURISDICTION:Manitoba
DATE:February 2018
AUTHOR: Kirk A. Vilks
CATEGORIES:Articles, Knowledge Centre

Dewing v Kostiuk et al, 2017 MBCA 22 The number of self-represented litigants (“SRLs”) is on the rise across the country.  The National Self-Represented Litigants Project: Identifying and Meeting the Needs of Self-­Represented Litigants by Dr Julie Macfarlane published in … Read more »

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Combating Insurance Fraud with Data Analytics

FIRM:Blaney McMurty LLP
JURISDICTION:Ontario
DATE:February 2018
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

Three experienced insurance professionals answer questions on efficiency gains for carriers using analytics; how the claims environment has changed in light of analytic implementation; and what innovations or trends insurers should be aware of in the data analytics environment coming … Read more »

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Insurers liable for breach of contract based on release

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:February 2018
AUTHOR: Mitch Kitagawa and Joshua Vickery
CATEGORIES:Articles, Knowledge Centre

The Corporation of the Town of Huntsville v Lloyd’s Underwriters, 2017 ONSC 1208 – This application dealt with Lloyd’s Underwriters’ purported obligation to defend the Town of Huntsville. The insurers had defended the Town in an initial action (“the first action”) … Read more »

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Insurer is not bound to advise of limitation perio

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:February 2018
AUTHOR: Mitch Kitagawa and Joshua Vickery
CATEGORIES:Articles, Knowledge Centre

Usanovic v Penncorp Life Insurance, 2017 ONCA 395. This is an appeal from an order of Broad J. granting summary judgement dismissing the appellant’s action against his disability insurer, Penncorp. The motion judge had granted summary judgement because the Plaintiff’s claim … Read more »

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Court finds denial letter met clear and unequivocal standard

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:February 2018
AUTHOR: Mitch Kitagawa and Sara Reich
CATEGORIES:Articles, Knowledge Centre

Bonilla v Preszler et al., 2016 ONCA 759 - The respondent, an insurer, informed the appellant via two letters on February 4, 2003, that they will no longer be paying her income replacement benefits (“IRB”) after February 27, 2003. the appellant was represented … Read more »

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NL Court Finds Standard Mortgage Clause Defeats Canada Revenue Agency “Deemed Trust” Provisions

FIRM:Cox & Palmer
JURISDICTION:Newfoundland & Labrador
DATE:February 2018
AUTHOR: Darren O'Keefe and Megan (Alexander) Taylor
CATEGORIES:Articles, Knowledge Centre

Travelers Canada v. Elite Builders Inc., 2017 NLTD(G) 214 – This case involved competing claims to insurance proceeds payable following a fire loss to a building (the “Property”) owned by Elite Builders Inc. (“Elite”).  The Property was insured by Travelers … Read more »

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The Breach of a Statutory Provision Does Not Determine Negligence

FIRM:Lindsay LLP
JURISDICTION:British Columbia
DATE:January 2018
AUTHOR: Tiffany P.K. Tsang and Callan W. MacKinlay, Articled Student
CATEGORIES:Articles, Knowledge Centre

Haynes v Haynes, 2017 BCCA 131 In cases such as motor vehicle accident claims, it is tempting for parties (and even courts) to infer negligence from a breach of a statutory regulation; however, we are reminded in the recent case … Read more »

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Full Liability Upheld Where Jury’s Conclusions and the Admission of Expert Evidence Not Patently Unreasonable

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:January 2018
AUTHOR: Mitch Kitagawa and Sasha Willms, Summer Student
CATEGORIES:Articles, Knowledge Centre

Hamilton v Bluewater Recycling Association et al (2016 ONCA 805) involved a motorcyclist (Hamilton) who tried to overtake a recycling truck as the truck turned left. The vehicles collided and Hamilton was grievously injured. Hamilton brought a personal injury action for … Read more »

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Duty to Defend Applied Despite Exclusions for the Insured’s Work

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:January 2018
AUTHOR: Mitch Kitagawa and Sasha Willms, Summer Student
CATEGORIES:Articles, Knowledge Centre

Parkhill Excavating Ltd v Royal & Sunalliance Insurance Co of Canada (2016 ONCA 832) – Parkhill, designed and installed septic systems. It had commercial liability policies between 2004 to 2010 with a number of insurers. Parkhill’s septic systems were found to … Read more »

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