Knowledge Centre

Leavitt v. Hooper, 2012 NBQB 74 The plaintiff Leavitt was injured in a motor vehicle accident with the defendant Hooper, who admitted liability. Shortly after the action was commenced, Leavitt’s Section B insurer, Aviva Canada Inc. (“Aviva”), ceased paying Section … Read more »

Clements v. Clements, 2012 SCC 32 The plaintiff, Clements, drove over a nail while driving his motorcycle with his wife.  The nail damaged the tire, which resulted in Clements losing control of the motorcycle. Clements’s wife suffered a brain injury … Read more »

Annapolis County District School Board v. Marshall, 2012 SCC 27 Four-year-old Johnathan Marshall, was struck by a school bus driven by the applicant Feener. Johnathan ran onto the highway and into its path. Feener braked immediately upon seeing the boy … Read more »

Court Rules Amendments related to Concurrent Expert Evidence  and “Hot-tubbing” of Experts. While the usual vision of hot-tubbing more often than not would include relaxation, water, jets, and maybe some bubbling beverages, the idea of “hot-tubbing” experts illustrates a far … Read more »

The Supreme Court of Canada rendered its decision in Stewart v. Pettie, infra. 17 years ago and it has been almost 30 years since Jordan House Ltd. v. Menow, infra.; however the law in the area of host liability is … Read more »

On March 15, 2012, the British Columbia Court of Appeal dismissed the claims of two women, who suffered minor injuries in a zip-line accident, on the basis that there was a valid and enforceable exclusion of liability clause in the contract they made with the operator. The appellants sought leave to appeal this decision to the Supreme Court of Canada.  On September 27, 2012, the Supreme Court of Canada dismissed the plaintiffs’ application.

Read more.

For nearly 35 years, Quebec drivers have been benefiting from a unique civil liability situation when it comes to driving a motor vehicle. The no-fault legal liability scheme for bodily injury and Quebec’s Direct Compensation Agreement for property damage create … Read more »

At the end of July the Divisional Court upheld the decision of FSCO Director’s Delegate that mediation is considered to have failed if no resolution has been reached within 60 days. FSCO has not accepted that this is the last word on the matter and refuses to assign arbitrators to matters where no mediation has been conducted. FSCO has posted on its website that it is awaiting the release of the decision of the Ontario Court of Appeal who heard arguments on this matter in June. With mediations currently backlogged by over a year, insurers should anticipate an increase the number of statement of claims they receive for accident benefit cases as insured’s choose to sue instead of arbitrating accident benefit disputes. To read the Director’s Delegate ruling, please click here.

John Deere Limited v. Promutuel Lac St-Pierre – Les Forges, S.C. Richelieu, 765-17-000982-100, July 17, 2012, L. Lacoursière

For the first time, the Superior Court has clarified the status of a creditor under a non-automobile insurance policy, in this instance an agricultural policy.

John Deere was named as the creditor on Promutuel’s policy. John Deere owned a tractor leased to Hugo Therrien, who was insured by Promutuel. Therrien reported the tractor stolen, but later admitted that he had colluded in planning the “theft.”

Relying on Court of Appeal jurisprudence, which has established that a creditor under an automobile insurance policy should be considered as an additional insured, John Deere argued that it was also an additional insured under Promutuel’s policy and that accordingly Therrien’s intentional fault could not be opposed against it.

The court held that:

• The identification of John Deere as a creditor was not sufficient to qualify it as an additional insured;
• The disappearance of the tractor under those circumstances constituted a risk that was excluded under Promutuel’s policy;
• In its capacity as the beneficiary of a stipulation for another, John Deere had no more rights than did stipulator Therrien;
• Consequently, John Deere’s action was dismissed with costs.

SSQ, société d’assurances générales inc. v. Alain Crytes, (C.Q., Maniwaki, No. 565-22-000081-089), 2012 march, 12, Fournier J. In the context of an action seeking sanctions for misrepresentation, the Court of Quebec has recognized that statements made by the insured during … Read more »