Publications

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  • Priority Dispute: Third Party Vehicle Renter vs. the Defendant Vehicle Owner

    Blaney McMurtry LLP, Ontario, January 13, 2015 – In a very recent decision – Elias v. Koochek – the Court addressed the issue whether the insurer of a renter of a vehicle who is not named as a defendant in the main action, but has been brought into the action as a third party, has priority over the insurer of the owner of the...
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  • New Brunswick Court of Appeal Rules Post-Death Loss of Income Not Recoverable Under Survival of Actions Act

    Cox & Palmer, New Brunswick, January 12, 2015 – In a decision that will be of interest to anyone involved with fatality claims, the New Brunswick Court of Appeal has ruled that the loss of the income that a deceased person could have earned had he or she survived is not recoverable by the deceased person’s estate. The recoverability of damages representing the income...
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  • The Use of Social Media in Bodily Injury Claim

    Blaney McMurtry LLP, Ontario, December 12, 2014 – Social media has become ubiquitous in our day-to-day lives. It is the communication medium for the younger generation. Advertisements declare that social media is the only way to “stay connected.” For litigators, social media is a very useful tool for defending bodily injury claims – some plaintiffs literally put their lives online. Social media can...
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  • Costs Consequences: The Case of Hoang v. Vicentini

    Blaney McMurtry LLP, Ontario, December 12, 2014 – The Ontario Superior Court recently sent a much-welcome message with respect to costs awards in its decision Hoang v. Vicentini. The action involved a six year old pedestrian who was struck by a car, just after being dropped off at a busy intersection by his father. The six year old was seriously injured. The Defendants...
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