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May 19, 2016 – Stephen Appotive and Crystal Schulz of Kelly Santini LLP successfully represented the defendants in Powell v Dowsley 2016 ONSC 1951 when the plaintiffs sued for damages of $350,000 for loss of enjoyment from the property. The defendants had installed an outdoor wood burning furnace to heat their home.  The plaintiffs claimed that smoke from the...

May 19, 2016 – Rosenstein v. Guarantee Company of North America, 2015 QCCS 5672 An insurer that suffers harm linked with its duty to defend following a late notice of loss cannot be forced to assume the defence or costs related to the defense of the insured. On May 15, 2005, Kathryn Rosenstein and Hagop Artinian (the “parents”) instituted,...

May 19, 2016 – Grigoryan v. Commission scolaire de la Pointe-de-l’Île, 2015 QCCQ 10860 Just like a baseball bat or a hockey puck, a child’s shovel may be used by children for amusement purposes, especially in a school environment, as long as conditions for safe use are developed, communicated, and respected. On February 10, 2010, during recess period at...

May 19, 2016 – Troy v. Assurance-vie Banque Nationale, 2016 QCCQ 139 The insured was not required to disclose certain medical information due to the limited nature of the spectrum of information the insurance representative was attempting to collect. During a telephone conversation on November 17, 2009, Marylin Troy was asked if, since filling out the questionnaire one month...