Publications

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

Kelly Santini LLP, Ontario, January 19, 2018 – Parkhill Excavating Ltd v Royal & Sunalliance Insurance Co of Canada (2016 ONCA 832) – Parkhill, designed and installed septic systems. It had commercial liability policies between 2004 to 2010 with a number of insurers. Parkhill’s septic systems were found to be defective and 36 septic systems had to be replaced. Parkhill was sued for negligence...