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December 17, 2018 – A question that we frequently hear from our colleagues in the insurance industry is: what benefits can we deduct in tort claims seeking damages for loss of income? Consider the plaintiff who has suffered a disabling injury and is unable to work as a result of either a slip and fall accident or an automobile...
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February 24, 2014 – – Wood (Litigation guardian of) v. Wood, 2013 PESC 11. The plaintiff was a minor when she suffered a brain injury in an MVA. The parties reached a settlement by mediation and the plaintiff’s litigation guardian sought court approval of the settlement. The settlement was approved, however a sealing order and solicitor-client costs remained outstanding....
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March 15, 2013 – – McCrimmon v Estate of Hood, 2012 PESC 28 Two separate actions were commenced following a fatal motor vehicle accident. One vehicle was driven by the plaintiff, McCrimmon, and the other was driven by Hood, who died in the accident. McCrimmon alleged injuries as a result of the accident and commenced an action against Hood’s estate....
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December 05, 2012 – Shepard v. Sanderson & Govt of PEI 2012 PESC 20 The plaintiff Shepard suffered injuries after being struck by heavy snow thrown onto her by a snowplow. She commenced two separate actions against the defendants for payment of Section B benefits pursuant to a standard policy of automobile insurance, and in negligence. The court found...