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  • Criminal Act, Intentional Fault and Exclusion

    April 05, 2013 – Place Biermans inc. v. C. D., 2013 QCCA 64, 2010 QCCS 4170 On March 7,1999, C. D., aged 15, poured a can of gasoline on the floor of a shed that adjoined a shopping centre.  An hour later, he threw a match on it.  The resulting fire caused close to $6,000,000 in damage.  AXA Insurance...
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  • Per Quod or Not Per Quod? That is the Question.

    March 18, 2013 – Hammond and Syncrude Canada Ltd. v. DeWolfe, 2012 ABQB 684 Richard Hammond was employed by Syncrude Canada when he was injured in a motor vehicle accident with the Defendant, Patricia DeWolfe. As part of his employment contact with Syncrude, Hammond was covered by a Temporary Disability Plan (TDP), which provided for short term income benefits...
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  • Separate actions arising from same motor vehicle accident ordered to be tried at same time.

    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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  • Court of Appeal upholds finding of minor injury, limiting plaintiff’s general damages to $2,500.00

    March 15, 2013 – – Awalt v Blanchard, 2013 NSCA 11 Michelle Kelly, a partner in Cox & Palmer’s Halifax office, was recently successful in arguing to uphold a trial judge’s finding that the plaintiff had suffered a minor injury in a motor vehicle accident, limiting her general damages to $2,500.00 (the minor injury cap in place at the...
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