Based upon the interpretation of a Property Management Agreement (the "PMA") the Court held that an Owner was responsible for damages sustained by the plaintiff as a result of slip and fall caused by the negligence of the Property Manager.
Wight v. T.G.S. Properties Ltd. [2008] A.J. No. 1366 Alberta Court of Queen's Bench J.M. Ross J. December 4, 2008
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The appeal of RBC General Insurance Co. ("RBC") from a decision requiring it to pay the owner of a motor vehicle ("Sekhon") for collision damage under her automobile insurance policy was dismissed where the court upheld the trial judge's finding that an acute psychiatric disorder suffered by Sekhon's daughter negated her ability to consciously or deliberately control the vehicle and that damage to the vehicle fell within the meaning of "direct and accidental loss" under section 7.1.1 of the Standard Ontario Automobile Policy.
Sekhon v. RBC General Insurance Co. [2008] O.J. No. 4999 Ontario Superior Court of Justice M. E. Marshman, C. D. Aitken and K. E. Swinton JJ November 28, 2008
Continue Reading...The plaintiff developer's application for summary judgment against the defendant insurance brokers was allowed where the Court held that the insurance brokers failed to ensure that the insurance obtained provided full coverage, as instructed by the plaintiff.
The appeal by the Saskatchewan Government Insurance ("SGI") from a decision of the Automobile Injury Appeal Commission (the "Commission") directing SGI to continue paying income replacement benefits to Epp, a farmer injured in a 1998 automobile accident, was allowed where the Court concluded that SGI was entitled to take into account income that Epp received from his partnership but did not actually earn by doing work.
\Saskatchewan Government Insurance v. Epp [2008] S.J. No. 800 Saskatchewan Court of Appeal J. Klebuc C.J.S., N.W. Sherstobitoff and J.G. Lane, JJ.A. December 15, 2008
Continue Reading...An unsuccessful appeal by an insured from a trial judgment dismissing her action for payment of disability benefits on the basis that she was not under the care of a physician, as required by the policy, during the period at issue.
Andreychuk v. RBC Life Ins. Co. [2008] B.C.J. 2307 British Columbia Court of Appeal R.T.A. Low, P.D. Lowry and E.C. Chiasson JJ.A. November 28, 2008.
Continue Reading...The Applicant, who was the second wife of the deceased, sought, unsuccessfully, a declaration that she was entitled to proceeds of the deceased’s life insurance policy. The Respondent was the deceased’s first wife and the named beneficiary under the policy.
Ferguson v. Mew [2008] O.J. No. 4892 Ontario Superior Court of Justice Strathy J. October 14, 2008.
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A successful application by the Plaintiff to amend the pleadings to assert that a third party, an insurer who had indemnified them, was advancing a claim against the remaining defendant insurers on a subrogated basis. The Defendants made an unsuccessful cross-application for summary dismissal on the basis that because the Plaintiff had been indemnified the action was spent.
Cameco Corp. v. Insurance Co. of the State of Pennsylvania [2008] S.J. No. 731 Saskatchewan Court of Queen’s Bench McMurtry J November 18, 2008.
Continue Reading...The Applicants, who were in the house moving business successfully applied for a declaration that their insurer had a duty to defend them against an action for damages that allegedly occurred in the course of moving a home belonging to a third party.
601260 Saskatchewan Ltd. v. ING Insurance Co. of Canada [2008] S.J. No. 730 Saskatchewan Court of Queen's Bench J.A. Ryan-Froslie J. November 19, 2008
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Mike has represented clients in personal injury cases with a emphasis on brain injuries, defended lawyers and physicians from malpractice allegations,...More...
Jonathan co-chairs Harper Grey's Engineering and Construction Law Group and has represented clients in cases involving construction, insurance and he...More...
Emily practices in the areas of insurance, construction, and health law. Her insurance practice includes general insurance defence, coverage litigati...More...
Daniel practices health law, insurance litigation and defamation law for Harper Grey. Since becoming an associate in 2009, he has assisted senior cou...More...
As the latest addition to Harper Grey's insurance group, Ryan is an associate in the practice of commercial,health and insurance company law. He join...More...Enter keywords:
