Publications

Kelly Santini LLP, Ontario, February 12, 2018 – Bonilla v Preszler et al., 2016 ONCA 759 – The respondent, an insurer, informed the appellant via two letters on February 4, 2003, that they will no longer be paying her income replacement benefits (“IRB”) after February 27, 2003. the appellant was represented by legal counsel and did not challenge the respondent upon being informed. Read More  ...

Cox & Palmer, Newfoundland & Labrador, February 12, 2018 – Travelers Canada v. Elite Builders Inc., 2017 NLTD(G) 214 – This case involved competing claims to insurance proceeds payable following a fire loss to a building (the “Property”) owned by Elite Builders Inc. (“Elite”).  The Property was insured by Travelers Canada (“Travelers”). Read More

Northpoint Legal, January 19, 2018 – Haynes v Haynes, 2017 BCCA 131 In cases such as motor vehicle accident claims, it is tempting for parties (and even courts) to infer negligence from a breach of a statutory regulation; however, we are reminded in the recent case of Haynes v. Haynes, 2017 BCCA 131 that the factual matrix and evidence of surrounding...

Kelly Santini LLP, Ontario, January 19, 2018 – Hamilton v Bluewater Recycling Association et al (2016 ONCA 805) involved a motorcyclist (Hamilton) who tried to overtake a recycling truck as the truck turned left. The vehicles collided and Hamilton was grievously injured. Hamilton brought a personal injury action for damages. Read More