FEBRUARY 21, 2020 TO FEBRUARY 29, 2020

CASE LAW
SUMMARIES

Provincial
Snapshot
AB - 06
BC - 07
NS - 01
ON - 07
PEI - 01
SK - 04
 ALBERTA
Stewart v Schumacher, 2020 ABQB
What constitutes abusive litigation and what are the grounds on which the
plaintiff could be subjected to indefinite court access restrictions? "Hopeless
Proceedings"!!

Raichura v Jones, 2020 ABQB

A Lawyer was found negligent in the pre-meditation phase of the retainer in this
Family Law Matter. The Plaintiff alleged that was coerced into a mediation she
did not want or instruct on an informed basis. She was not properly prepared for
the mediation and went in unaware of her legal entitlements. This meant she
could not make an informed choice when settlement options arose. Nor was she
advised of the risk of going into mediation without disclosure of the investment
accounts.

Atwal v Gill, 2020 ABQB

The defendant applied to have this action dismissed for delay, both pursuant to
Rule 4.33 (no significant advance in 3 years) and Rule 4.31 (prejudicial delay).
Interesting discussions on how Delay differs between two Rules.

Condominium Corporation No 042 5177 v Kuzio, 2020

ABQB
Interesting discussions on the Cnodo Owner rights to rent the unit for Air BNB
or other short term rentals without signing a formal lease agreement, pursuant
to the Condo By-Laws requirements.

Reyes v Dyck, 2020 ABQB

A copy of the Statement of Claim was sent to the Insurers but not to the
defendant Insured in this MVA case where plaintiff was a passenger in the
defendant's Vehicle. The Insurers continued negotiations until the settlement
proposal exceeded the policy limits, at which it was understood that the
Statement of Claim was never served upon the defendant Insured and the one
year limitation for serving had expired 8 days ago.

West Edmonton Mall Property Inc v Proctor, 2020 ABQB

"The Plaintiffs, West Edmonton Mall and its principal, David Ghermezian, say
that Ms. Proctor is a dangerous internet troll who traffics in racist and
defamatory screed. They have commenced a defamation action and say she
must be stopped once and for all."
 BRITISH COLUMBIA
Repin v Aam Ventures Ltd, 2020 BCSC
The primary issue at this MVA trial was how much of the plaintiff’s current
physical and mental state is attributable to the accident, and how much is
attributable to the various pre-existing conditions from which she suffered
before the accident.

Deline v Vancouver Talmud Torah Association, 2020

BCSC
"I’m terribly sorry Toni, but I can no longer vouch for the Jewish schooling as I
recently converted to the faith of Islam." This text was received by the plaintiff
chess instructor who was trying to find a replacement instructor for the
defendant. The text was received from a cell number that was similar to one of
his acquantance who was considering to work as a chess instructor at the
Defendant's. The plaintiff initiated an action He claimed against VTT for
negligence. The theory of the claim was that VTT owed Mr. Deline a duty of
care while he was helping it to find a replacement chess instructor, and it
breached that duty of care by failing to advise him of the discrepancy in
telephone numbers forthwith upon learning of it.

Martin v First Truck Centre Vancouver Inc., 2020 BCSC

The case discusses MVA damages and witness credibility, among other things.

Wong v Campbell, 2020 BCSC

The case discusses MVA damages in single vehicle and snowboarding related
incidents.

Pasemko v Kosolofski, 2020 BCSC

The Case discusses MVA damages arising out of two incidents.

The Insurance Corporation of British Columbia v Teck

Metals Ltd., 2020 BCSC
While discussing subrogation and indemnification, this ruling concerned
applications brought by the plaintiffs in three separate actions arising out of
acid spills on a highway allegedly causing damage to more than 800 vehicles.

Westland Insurance Company Limited v Pounden, 2020

BCSC
What could be the consequences of not informing the Insured, timely, about he
Dispute Resolution Process, especially when an action has been commenced. The
case involves damages to home during windstorm.
 NOVA SCOTIA
Intact Insurance Company v. Malloy, 2020 NSCA
The plaintiff commenced an action against Intact alleging a failure to act in
good faith and sought production from Intact of its policies, procedures,
guidelines, internal documents and other documentation outlining how accident
claim benefits are handled and resolved at Intact.

ONTARIO
Nolet v. Fischer, 2020 ONCA
Can an occupier owe a duty of care to another occupier? Interesting discussions
took place in this trip and fall accident where The appellant was moving out of
the respondent’s home after their relationship ended.

Keedi et al v. The Wawanesa Mutual Insurance Company

et al, 2020 ONSC
The defendants sought an order excluding the plaintiffs from each other’s
examination for discovery as well as an order that each plaintiff’s oral discovery
evidence not be communicated to the other until the examinations for discovery
of both plaintiffs are complete.

Nadeau v. CBRE Limited, 2020 ONSC

The plaintiff alleged that the descending garage door struck him as he was
attempting to exit the garage on his motorcycle, causing him pain, suffering and
other loss.

Blackwell v. Genier, 2020 ONSC

Interesting discussions on the deifnition of "Navigable Waters" and right to
public access. All parties own recreational properties on Silver Lake in the
District of Cochrane. They had a major disagreement as to how they can use the
lake.
Davidoff v. Paderewski, 2020
"The defendant Goerz submits that it is well-established that the doctrine of
absolute privilege applies to bar all tort claims based on communication that
take place during, incident to, and in furtherance to a court proceeding. The
privilege extends to any action, however framed, and is not limited to actions for
defamation"
 Coon v. Gore Mutual Insurance Company, 2020 ONSC
The case discusses whether or not two actions, one framed under negligence and
the other for coverage issue, be consolidated with respect to a property damage
incident.

Cao v. City of Markham et al., 2020 ONSC

This case involved the question of when a claim may be dismissed because it
has already been litigated.

PRINCE EDWARD
ISLAND
Fraser v Runighan, 2020 PECA
The case involved discussions with respect to the requirement for production of
financial statements and bank records by the injured in an MVA case.

SASKATCHEWAN
Royal & Sun Alliance Insurance Company of Canada v
Community Electric Ltd., 2020 SKCA
Interesting discussions interpreting the "Other Insurance" clause in the policy as
well as how Insurance coverage could be affected when a third party had
contractually promised to provide coverage to the Insured under a construction
contract..

Van de Sype v Saskatchewan Government Insurance,

2020 SKCA
Discusses termination of benefits in an MVA case.

Houseman v Harrison, 2020 SKQB

Defamation action against former employees by a dentist. General, Special,
Aggravated and Punitive Damages awarded.

Wilchuck v Westfield Twins Condominium Corporation,

2020 SKQB
"It has oft been observed that a lawsuit is not a tea party. Nor, for that matter, is
it akin to a game of baseball. However, a fundamental rule in baseball, namely
“three strikes and you’re out”, aptly applies to this application."
 INSU E
CROSS
THE "INSURANCE" CROSSWORD
 INSU E

CROSS
THE "INSURANCE" CROSSWORD
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