Archives

February 16, 2017 – Unifund Assurance Company v Churchill, 2016 NLCA 73 In this case, the Newfoundland & Labrador Court of Appeal considered the scope of the implied undertaking rule in circumstance involving an independent medical examination. Churchill, who was injured in a motor vehicle accident, commenced a tort claim against the other driver. He also claimed, and initially...

August 16, 2016 – Fennelly v Lloyd’s Underwriters, 2016 NLTD(G) 1. Fennelly’s fishing vessel suffered physical damage in January, 2006. He sought payment under a Marine Insurance policy, issued by Lloyd’s Underwriters. The policy insured the vessel for $500,000 against total loss, whether actual or constructive. Lloyd’s denied coverage, stating that the repair costs were less than $500,000. Read...

February 24, 2014 – -Jefferson v. MacKlem, 2013 NLTD(G) 106. The defendant, MacKlem, made an application pursuant to Rule 6.07(7) seeking to have the service of a statement of claim set aside and the proceeding stayed. The plaintiff, Jefferson, had commenced an action in Newfoundland and Labrador with respect to an MVA alleged to have occurred in Ontario. At...

February 24, 2014 – – Gordon v. Sexton, 2013 NLTD 127. The plaintiff claimed for damages arising from injuries sustained in a rear end collision in April 2002. Liability was admitted. The sole issue before the court was an assessment of the plaintiff’s damages. The plaintiff, aged 53 at the time of trial, continued to suffer some 11 years...