Knowledge Centre

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Subrogation rights unaffected by insured’s bankruptcy proceedings

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

In Douglas v Stan Ferguson Fuels Ltd., 2014 ONSC 4709, 622.6 litres of home fuel oil escaped from the plaintiffs’ external oil tank, contaminating the residential property. The plaintiffs had a valid homeowner’s insurance policy with State Farm, so State … Read more »

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Increase to PEI’s cap for minor personal injuries and other changes to the Insurance Act

FIRM:Cox & Palmer
JURISDICTION:Prince Edward Island
DATE:January 2015
AUTHOR: No Author
CATEGORIES:Articles, Knowledge Centre, Personal Injury

PEI has enacted several changes to the Insurance Act that will apply to motor vehicle accidents occurring on or after October 1, 2014. Read More.

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Court dismisses moose-vehicle collision class action against Province

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

George v Newfoundland and Labrador, 2014 NLTD(G) 106 The Court addressed the introduction of moose to the island of Newfoundland and the management of the moose population as it related to highway safety. A previous order of the Newfoundland and … Read more »

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New Brunswick Court of Appeal Rules Post-Death Loss of Income Not Recoverable Under Survival of Actions Act

FIRM:Cox & Palmer
JURISDICTION:New Brunswick
DATE:January 2015
CATEGORIES:Articles, Automobile, General, Knowledge Centre

In a decision that will be of interest to anyone involved with fatality claims, the New Brunswick Court of Appeal has ruled that the loss of the income that a deceased person could have earned had he or she survived … Read more »

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The Use of Social Media in Bodily Injury Claim

FIRM:Blaney McMurtry LLP
JURISDICTION:Ontario
DATE:December 2014
AUTHOR: Tobin Horton
CATEGORIES:Articles, Knowledge Centre, Personal Injury

Social media has become ubiquitous in our day-to-day lives. It is the communication medium for the younger generation. Advertisements declare that social media is the only way to “stay connected.” For litigators, social media is a very useful tool for … Read more »

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Costs Consequences: The Case of Hoang v. Vicentini

FIRM:Blaney McMurtry LLP
JURISDICTION:Ontario
DATE:December 2014
AUTHOR: Thomas Durcan
CATEGORIES:Articles, Knowledge Centre

The Ontario Superior Court recently sent a much-welcome message with respect to costs awards in its decision Hoang v. Vicentini. The action involved a six year old pedestrian who was struck by a car, just after being dropped off at … Read more »

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Court of Appeal rules that a driver who has a green light can still be partially liable

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:December 2014
AUTHOR: Shawn O'Connor and Madelaine Thurston
CATEGORIES:Articles, Automobile, Knowledge Centre

In Sant v Sekhon 2014 ONCA 623, the respondent, Evan Sant, was a passenger in a pickup truck driven by Joel Sant. The pickup truck proceeded through a red light at an intersection and was hit by the appellant Jharmal … Read more »

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Court of Appeal Rules ATV Not a “Self-Propelled Implement of Husbandry”

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:December 2014
AUTHOR: Mitch Kitagawa and Jake Ruddy
CATEGORIES:Articles, Automobile, Knowledge Centre

The case of Matheson et al. v Lewis et al., 2014 ONSC 542, dealt with the question of whether an ATV was a “self-propelled implement of husbandry”, which if it were, would exclude it from Ontario’s compulsory insurance regime. The … Read more »

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Double Recovery Must Be Certain To Be Prevented

FIRM:Kelly Santini LLP
JURISDICTION:Ontario
DATE:December 2014
AUTHOR: Mitch Kitagawa and Shane Kelly
CATEGORIES:Articles, Knowledge Centre

In Gilbert v South, Mr. Justice Leach dealt with an applicant insurance company, seeking to prevent double-recovery by a plaintiff who had been given a judgment against their insured. He confirmed that in order to grant a motion preventing double … Read more »

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Failure to mitigate leads to 20% reduction in Plaintiff’s claim

FIRM:Cox & Palmer
JURISDICTION:Nova Scotia
DATE:December 2014
AUTHOR: No Author
CATEGORIES:Articles, Automobile, Knowledge Centre

Hollett v Yeager, 2014 NSSC 207 Hollett suffered soft tissue injuries to his spine and knees after being rear-ended by Yeager. Hollett claimed he was permanently disabled. The main issues before the court were causation, mitigation, and damages.  All medical … Read more »

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