Canada:
Defence & Indemnity - June 2016
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I. INSURANCE ISSUES
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A. Where a party pleads equitable relief (such as rescission,
estoppel or relief from forfeiture) with respect to an insurance
policy, the claim cannot be heard by a jury
Maynard v. Alberta Motor Assn., 2015 ABQB 564, per Pentalechuk, J.[4182]
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II. LIABILITY ISSUES
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A. Contributory negligence of a passenger will not be found by
virtue of the passenger's knowledge that the driver only has a
novice driver's licence without evidence that the passenger
engaged in negligent acts or knew the driver was a poor or reckless
driver
Nahal v. Ram, 2016 BCSC 39, per Jenkins, J. [4184]
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B.Under the Occupier's Liability Act (OLA) there is no duty
to investigate and identify a patron for the purposes of a claim
between the two patrons unless the occupier had done something to
induce an expectation that it would conduct an investigation to
assist one patron to sue another
McPhail v. John Doe I, 2016 ABQB 76, per Robertson, Master
[4185]
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C. Both the legal/registered owner and lessor and the beneficial
owner and lessor of a vehicle are vicariously liable for the
lessee's vehicular negligence but only to the liability cap for
lessors
Graham (Litigation guardian of) v. Lemay, 2016 ONCA 55, per Pepall, J.A. [4187]
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III. QUANTUM/DAMAGES ISSUES
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A. Surveillance evidence significant in discrediting Plaintiff
in large chronic pain case
Bumstead v. Dufresne, 2015 ABQB 787, per Horner, J. [4186]
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B. The Court overtly accepted the Plaintiff's expert
testimony and criticized well-known defence experts with regard to
whether the Plaintiff's injuries were minor and whether
fibromyalgia can be caused by trauma
Jones v. Stepanenko, 2016 ABQB 295, per Eidsvik, J. [4188]
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IV. PRACTICE ISSUES
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A. The principles for extending the limitation period for filing
Third Party Notices
Condominium Corporation No. 0425636 v. Amyotte's Plumbing
Ltd., 2015 ABQB 801, per Master Schulz [4183]
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V. SURETY AND BOND ISSUES
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B. Obligee's claim against surety can survive despite
Obligee's claim against principal being unenforceable as a
result of wording of completion agreement
HOOPP Realty Inc. v. The Guarantee Company of North America, 2015 ABCA 336 [4181]
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The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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