Knowledge Centre

Treatment of income loss relating to business interests The present article deals with the potential treatment by the Courts of claims by plaintiffs alleging a loss of income relating to the plaintiff’s ownership interest as a shareholder in a closely … Read more »

In McFaul v Ranch-Lewchuk, 2015 ABQB 706, Shawn R. Sipma of CBM Lawyers successfully opposed an Application by the Plaintiff (and the Administrator of the Motor Vehicle Accident Claims Act) to have the driver of a second unidentified vehicle (the … Read more »

The recent media reports caught our eye. If you travel internationally, you may have noticed them too. After giving birth to a baby girl nine weeks prematurely in Hawaii, Jennifer Huculak-Kimmel and her husband Darren Kimmel, of Humboldt Saskatchewan, were … Read more »

In less than one year, the provincial government has twice changed the rules for calculating damages for victims of motor vehicle accidents.  Both times, it failed to clearly state when the new rules are to take effect. Effective January 1, … Read more »

The Court of Appeal recently released its highly anticipated decision in Forsythe v. Westfall. Forsythe, an Ontario resident, was injured in a single vehicle accident in British Columbia while riding on a motorcycle owned and operated by Westfall, an Alberta … Read more »

Ziebenhaus et al., minors by their Litigation Guardian Ziebenhaus et al. v Bahlieda et al., 2015 ONCA 471 – This is an appeal of a motion granted for an order requiring the Plaintiff in a personal injury action to undergo … Read more »

Fernandes v. Araujo, 2015 ONCA 571 – The defendant and plaintiff were given permission to drive the ATV on the owner’s property however, in the presence of the owner, a family member specifically told them not to leave the farm … Read more »

Borthwick v. Lombard Insurance, 2015 ONSC 4845 – this is a coverage case in which Mr. Borthwick and his business, L.B. Wood Shavings, applied to the court to seek coverage from their insurers after being sued by William Douglas. Mr. … Read more »

McDonald v. John/Jane Doe., 2015 ONSC 2607 – This was a motion for summary judgment brought by the defendant insurer on the basis that there was no issue requiring a trial on the matter of liability of an unidentified owner … Read more »

Chayer v. Perras, 2015 QCCS 3196 Among other things, the insurance policy covers the insured’s civil liability for losses as a result of the insured’s own acts and deeds. The definition of the word “loss” mentions that the damage must … Read more »