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Court denies request to hear damages before liability

FIRM:Cox & Palmer
JURISDICTION:Newfoundland & Labrador
DATE:July 2015
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

10565 Newfoundland Inc. v. Canada, 2015 NLTD(G) 40 The company sued Canada because of contamination at its hotel, which allegedly flowed from Canada’s air force base. The company’s claim was based on negligence, strict liability, nuisance and trespass. Canada applied … Read more »

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Payment for a medical report does not extend the limitation period

FIRM:Cox & Palmer
JURISDICTION:Newfoundland & Labrador
DATE:July 2015
AUTHOR: No Author
CATEGORIES:Articles, Automobile, Knowledge Centre

Tuck v. Supreme Holdings Ltd., 2014 NLTD(G) 131 Tuck’s action, involving a car accident, was issued outside the two year limitation period. Tuck tried to save the suit, arguing that the limitation was extended by confirmation. Under the Limitations Act, … Read more »

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Under 21 and “In the Care of”: Who Qualifies?

FIRM:Fillmore Riley LLP
JURISDICTION:Manitoba
DATE:June 2015
AUTHOR: Aaron Challis
CATEGORIES:Articles, Knowledge Centre

A Case Comment on Ryan v. Canadian Farm Insurance, 2014 MBQB 178 In the recent case of Ryan v. Canadian Farm Insurance1 [“Ryan”], the Manitoba Court of Queen’s Bench, on a motion for summary judgment, considered when someone under 21, … Read more »

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New Trial Ordered After Jury Inappropriately Discharged

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:June 2015
AUTHOR: Mitch Kitagawa and Brent Craswell
CATEGORIES:Articles, Knowledge Centre

Kempf v Nguyen, 2015 ONCA 114 – During a fund raising bike event, Kempf and Nguyen collided resulting in serious injuries to the former. Kempf sued Nguyen, arguing that Nguyen negligently manoeuvred his bicycle while riding in a tight formation. … Read more »

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Court Reaffirms that Ordinary Rules of Negligence Apply to Accidents in Parking Lots

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:June 2015
AUTHOR: Mitch Kitagawa and Brent Craswell
CATEGORIES:Articles, Knowledge Centre

Ashim v Zia, 2014 ONSC 6460 – The action arose out of a motor vehicle collision in a parking lot. The plaintiff, Remona Ashim was a passenger in a vehicle being driven by her husband, Ameer Ashim. They were struck … Read more »

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Court Clarifies Procedure to Determine “Insurer Responsible” under Section 275 of the Insurance Act

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:June 2015
AUTHOR: Mitch Kitagawa and Brent Craswell
CATEGORIES:Articles, Knowledge Centre, Uncategorized

TD General Insurance Company v Markel Insurance Company (2014 ONSC 6461) – Jasbir Kaura was an experienced transport truck driver, who was hired by a trucking company to drive from Toronto to Regina. Kaura asked the principal of the trucking … Read more »

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Amendment to Insurance Act creates lower prejudgment interest rate for non-pecuniary losses

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:June 2015
AUTHOR: Mitch Kitagawa and Christina Lachance
CATEGORIES:Articles, Knowledge Centre

In Cirillo v Rizzo, 2015 ONSC 2440, MacKenzie J had to decide the much-anticipated question of whether an amendment to the Insurance Act with respect to the rate of calculation of prejudgment interest for non-pecuniary losses is retroactive. The plaintiff … Read more »

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Court of Appeal clarifies standard on assessment of damages motions

FIRM:Cox & Palmer
JURISDICTION:Nova Scotia
DATE:June 2015
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

MacKean v Royal & Sun Alliance Insurance Company of Canada, 2015 NSCA 33 Royal Insurance settled a Section D claim with its insureds. It obtained default judgment against the tortfeasor, and applied to assess the damages. The wrongdoer did not … Read more »

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Action renewed where no prejudice to the defendant’s insurer

FIRM:Cox & Palmer
JURISDICTION:Nova Scotia
DATE:June 2015
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre

O’Connell v. Farr, 2015 NSSC 85 O’Connell sued Farr and Lorde with regards to a multi-vehicle accident that occurred in 2005. The action was never served. While notice was given to Farr’s insurer, notice was not given to Lorde’s insurer. … Read more »

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Quebec’s Autorité Des Marchés Financiers Authorizes Online Distribution of Insurance Without a Representative

FIRM:Donati Maisonneuve
JURISDICTION:Quebec
DATE:May 2015
AUTHOR: Leïla Jananji
CATEGORIES:Articles, Knowledge Centre

On April 2, 2015, the Autorité des marchés financiers du Québec (the AMF) released a report titled Internet Insurance Offerings in Québec, through which it endorsed the online distribution of insurance products without requiring the intervention of a registered representative. … Read more »

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