Knowledge Centre

Industrial Alliance Insurance and Financial Services Inc. v Brine, 2014 NSSC 219 Brine suffered from depression. He was approved for LTD benefits in 1995. In October 1998, Industrial ceased payments to Brine, alleging that he had received undisclosed CPP and … Read more »

British Columbia Court of Appeal takes interventionist approach to standard of care finding in Agar v. Weber. The British Columbia Court of Appeal recently considered the interaction between the old common law of occupiers liability, the Occupiers Liability Act (“OLA”), … Read more »

Elbakhiet v Palmer (2014 ONCA 544) involved an appeal from a trial judge’s award of costs. The underlying claim stemmed from a motor vehicle accident. The Plaintiffs were rear-ended at a low speed, but were claiming damages of nearly $2 … Read more »

In O’Byrne v Farmers’ Mutual Insurance Company (Lindsay) 2014 ONCA 543, Farmers’ Mutual insured a building owned by Blake and Colleen O’Byrne pursuant to an “all-risks” insurance policy. A residential tenant in their building tampered with the oil-fired furnace, causing … Read more »

Wood v New Brunswick (Minister of Education), 2014 NBQB 160 Wood was injured in a motor vehicle accident. She was rear-ended by a school bus and her car was “sandwiched” between the bus and the car in front of her. … Read more »

Ultimate Windows Doors v Aviva Insurance Company of Canada, 2014 NBQB 159 Ultimate sold siding to the Cusacks for their family home. Shortly after it was installed, the siding had to be replaced twice because it was blistering and peeling. … Read more »

9124-4541 Québec Inc. et al. v. Intact compagnie d’assurance et al., 2014 QCCS 42501 After a fire damaged a poultry-processing plant not long before a backflow of water overtook the plaintiffs’ administrative offices, the latter, unhappy with the amount they … Read more »

Recently, I settled a multi-party, multi-action motor vehicle accident claim at the third pre-trial, which occurred on the eve of trial.  At the second pre-trial, some months earlier, the court had ordered a “hot tub” involving the four liability engineers. … Read more »

The law of damages in Canada has undergone unique changes over the past 50 years which have helped shape the actions of Canadian society. The development of three areas of damages in Canada is of particular interest: non-pecuniary, punitive, and … Read more »

Expert evidence is getting considerable judicial attention recently. There is considerable concern that experts are not fulfilling their role as unbiased providers of assistance to the courts, and several Canadian jurisdictions have tackled the concerns in recent revisions to court … Read more »