British Columbia Insurance Blog : Canada Insurance Lawyer & Attorney : Michael Thomas of Harper Grey Law Firm : British Columbia, Vancouver

The Nova Scotia Court of Appeal upheld a decision finding that the provisions of the Nova Scotia Health Services and Insurance Act permit the government to pursue nursing home care costs from injuries arising from a motor vehicle action by way of subrogated action.

Slauenwhite v. Keizer, [2012] N.S.J. No. 89, February 23, 2012, Nova Scotia Court of Appeal, J.W.S. Saunders, L.L. Oland and M.J. Hamilton JJ.A.

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The plaintiff was successful in arguing that injuries sustained during an assault in which the assailants made use of his vehicle were injuries that arose directly from the use or operation of the vehicle.

Martin v. 2064324 Ontario Inc., [2011] O.J. No. 5471, December 5, 2011, Ontario Superior Court of Justice, D.K. Gray J.

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An application seeking a declaration that the defendant was an unnamed insured under the policy was dismissed when it was shown that the defendant, who was a relative of the insureds, maintained a separate and distinct household from the insureds.

Jomaa v. Jomaa, [2011] O.J. No. 5468, December 2, 2011, Ontario Superior Court of Justice, D.J. Power J.

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Private long-term disability benefits are deductible from an award for past wage loss made by jury to plaintiff in respect of injuries sustained in a motor-vehicle accident, but only if the jury is instructed to deduct them.

Brown v. Campbell, [2011] O.J. No. 5991, December 5, 2011, Ontario Superior Court of Justice, M.J. Nolan J.

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University insurer found to have duty to defend employees of university in context of claims by a former student for misappropriation of ideas and use of concepts.

Baiden v. Canadian Universities Reciprocal Insurance Exchange, [2011] O.J. No. 5850, December 15, 2011, Ontario Superior Court of Justice, C.J. Brown J.

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Two insurance companies and an insurance broker were found not to owe a duty to the actual owner of a vehicle to investigate the ownership of a vehicle when approving or issuing an application for insurance.

Barzo v. Chrysler Financial Services Inc., [2011] O.J. No. 5874, December 21, 2011, Ontario Superior Court of Justice, J. Mackinnon J.

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A plaintiff was successful in seeking a declaration that she was entitled to coverage on the basis that her motor vehicle insurer had not established she was impaired at the time of the accident and she was awarded punitive damages for the insurer’s bad faith conduct with respect to the claim.

McDonald v. Insurance Corp. of British Columbia, [2012] B.C.J. No. 372, February 24, 2012, British Columbia Supreme Court, S.K. Ballance J.

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An application seeking payment for the cost of massage therapy under the mandatory no-fault benefits provisions of the Insurance (Motor Vehicle) Act Regulation was allowed on the basis the term "physical therapy" may include massage therapy, provided the other requirements to receive no-fault benefits are met.

Raguin v. Insurance Corp. of British Columbia, [2011] B.C.J. No. 2262, November 29, 2011, British Columbia Court of Appeal, M.A. Rowles, M.E. Saunders and D.F. Tysoe JJ.A.

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Wawanesa Mutual Insurance Co. v. S.C. Construction Ltd., [2012] O.J. No. 316, January 26, 2012, Ontario Superior Court of Justice, E.P. Belobaba J.

An application for a declaration that statutory conditions of a policy of insurance had been breached and for a declaration that there was no obligation to defend and indemnify the insured. The application was dismissed.

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