Low Threshold to Add Parties to Action
FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:February 2016
CATEGORIES:Articles, Knowledge Centre
Todhunter v. Owles, 2015 ONSC 5656 – This is a motion by municipal third parties for leave to appeal the motion judge’s decision to amend the statement of claim adding the municipalities as defendants after the limitation period expired. Leave … Read more »
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Limitation Period Begins to Run with Denial of Benefit, Not Status
FIRM:Kelly Santini LLP
JURISDICTION:On
DATE:February 2016
CATEGORIES:Articles, Knowledge Centre
Machaj v. RBC General Insurance Company, 2015 ONSC 4310 – This is motion for summary judgment brought by the defendants on the basis that the plaintiff’s action is statute barred. On January 6th, 2009, the Plaintiff applied for Determination of … Read more »
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Court Sides with Insured Seeking Relief from Forfeiture
FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:February 2016
CATEGORIES:Articles, Knowledge Centre
Dube v. RBC Life Insurance Company, 2015 ONCA 641 – In this case the respondent Dube was unable to return to work after he was injured in a car accident. His employer had a group insurance policy with the appellant … Read more »
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Plaintiff Must Exhaust Tortfeasor Policy Before Claiming from OPCF
FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:February 2016
CATEGORIES:Articles, Knowledge Centre
Kovacevic v. ING Insurance., 2015 ONSC 3415 – The plaintiffs brought a claim for damages pursuant to the uninsured/underinsured terms of their motor vehicle liability policy. The defendant brought a summary judgment motion to dismiss the plaintiffs’ claim. Alternatively, the … Read more »
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Car Insurance – Theft of Insured Vehicle – The Insurer’s Right to Question the Investigating Police Officers and to Access Their Investigation Report
FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:February 2016
AUTHOR:
No Author
CATEGORIES:Articles, Knowledge Centre
Bouchard v. Promutuel du Lac au Fjord, 2015 QCCS 5202 The Court granted a motion for permission to conduct an examination on discovery of third parties in the context of a claim for damages. The defendant, Promutuel du Lac au … Read more »
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Disability Insurance – The Expert Opinion of the Insurer’s Medical Expert is Preferred Over the Attestations of the Attending Physician
FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:February 2016
AUTHOR:
No Author
CATEGORIES:Articles, Knowledge Centre
Lamy v. Sun life du Canada, compagnie d’assurance-vie, 2015 QCCA 1821 The trial judge was not wrong to prefer the expert report presented by the insurer over the medical attestations of the insured’s attending physician, or to conclude that the … Read more »
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Two Fires in the Same Building, in 2008 and 2010 – Both Cases Will be the Subject of a Joint Hearing
FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:February 2016
AUTHOR:
No Author
CATEGORIES:Articles, Knowledge Centre
Place Victorin 2007 Inc. v. Services Jag Inc., 2015 QCCS 4807 CIVIL PROCEEDING – Given the facts, it is appropriate to join all remedies arising from 2 fires occurring at the same place less than 16 months apart. The company, … Read more »
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The Liability of the Securities Broker and its Representative
FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:February 2016
AUTHOR:
No Author
CATEGORIES:Articles, Knowledge Centre
9125-0191 Québec Inc. v. CTI Capital valeurs mobilières Inc., 2015 QCCS 2333 Both the securities broker and its representative failed to ensure that the investments made were consistent with the client’s investor profile, her objectives, and her risk level. Consequently, … Read more »
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Court finds no liability for motor vehicle accident and dismisses the claim
FIRM:Cox & Palmer
JURISDICTION:Newfoundland & Labrador
DATE:February 2016
AUTHOR:
No Author
CATEGORIES:Articles, Knowledge Centre
Burry v. Murphy, 2015 NLTD(G) 135 Burry’s motor vehicle struck Canning’s vehicle from behind, and pushed Canning’s vehicle into the vehicle ahead. According to Burry, Canning had suddenly changed lanes in an unsafe manner and then stopped abruptly in front … Read more »
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Court denies double party and party costs where the offer to settle contained no compromise
FIRM:Cox & Palmer
JURISDICTION:Newfoundland & Labrador
DATE:February 2016
AUTHOR:
No Author
CATEGORIES:Articles, Knowledge Centre
Hawkins v Village Mall Shopping Centre (2006) Inc., 2015 NLTD(G) 136 At trial (2015 NLTD(G) 59), Hawkins failed to prove any negligence with regards to her slip and fall in the Mall’s parking lot. The trial judge weighed an unusual … Read more »
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