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April 17, 2018 – From time to time in this industry we are faced with having to address claimants who feel they have been wronged, but whose situation does not fit within that of a recognized duty or standard of care.  In these situations, a Plaintiff may try to argue that a formerly unrecognized duty of care exists in...

April 17, 2018 – Ashley Cardinal, the Insured, was injured while riding as a passenger in an automobile driven without the consent of the owner. The Insured’s mother had an SPF No.1 policy issued by Alberta Motor Association Insurance Company, the Insurer, containing an SEF No. 44 Endorsement. The Insured commenced an action against the Insurer for indemnity pursuant...

March 18, 2018 – This matter arises from a rear-end collision on May 30, 2014. The Plaintiff’s property claim was settled by the Defendant’s insurer and her personal injury claim was filed April 21, 2016.The claim was not served within one year of filing and there was no order to extend service prior to its expiry. The Plaintiff applied...

December 08, 2017 – Taylor v Co-operators General Insurance Company, 2017 ABQB 705 Case Facts This matter arose from a fire that occurred on August 22, 2015. The property was a rental home and was occupied from August 2011, until July 13, 2015 (the “House”). After the tenants moved out, the Respondent began renovating the House. On July 22, 2015,...