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Manulife tried to quash website, and lost.

Posted by on Sep 16, 2016 in Bad Faith, Insurance, Legal Update | 0 comments

Manulife tried to quash website, and lost.

“… there is public benefit in having Mr. Fishman at liberty to act in litigation adverse to Manulife…” – David Allsebrook, CIRA panelist, September 16, 2016 After losing a protracted court application to disqualify me from acting against them on behalf of one of my clients, The Manufacturers Life Insurance Company (“Manulife”) then tried unsuccessfully to limit my ability to advertise the fact that I am able to represent people with claims againts Manulife. Following Manulife’s failed application in McMyn v. Manufacturer’s...

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Filing inconsistent pleadings is an “abuse of process”.

Posted by on Aug 31, 2016 in Bad Faith, Insurance, Legal Update | 0 comments

Filing inconsistent pleadings is an “abuse of process”.

On August 31, 2016, a judge of the BC Supreme Court criticized a long-standing ICBC tactic and declared a mistrial. Madam Justice Gropper found that is is an abuse of process for a defendant sued by multiple parties from a single motor vehicle accident to admit liability in one lawsuit but deny in the other “where there are no facts to distinguish the two”. In Glover v. Leakey, 2016 BCSC 1624, the defendant was involved in an accident which injured two passengers. One passenger sued, liability was admitted by ICBC, and the case settled. The...

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Insurance company’s claims handling to stand trial.

Posted by on Aug 31, 2016 in Bad Faith, Insurance, Legal Update | 0 comments

On August 31, 2016, an Ontario judge ordered that a law suit against an insurance company, based on alleged mishandling of the insured’s mother’s accident benefit claim, is allowed to proceed. The judge found that it was not “plain and obvious” that the law suit was certain to fail. In Watkins v. Western Assurance Co., 2016 ONSC 2574,  the insured’s mother was involved in a car accident when the insured was 15 years old. The insured was not present at the accident. The insured’s first law suit claimed damages arising out of the...

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Insurer must produce internal manuals in bad faith claim.

Posted by on Aug 12, 2016 in Bad Faith, Insurance | 0 comments

Insurer must produce internal manuals in bad faith claim.

On August 12, 2016, the Alberta Court of Queen’s Bench confirmed that in an action for bad faith denial of disability benefits the insurer must produce details of its internal claims handling procedures to the plaintiff. In Alexander v Sun Life Assurance Company of Canada, 2016 ABQB 445, the plaintiff conducted an examination for discovery of a representative of Sun Life who explained that Sun Life makes an online databank of reference material available to its case managers to assist them in performing their job duties. She further...

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ICBC loses claim of privilege over surveillance.

Posted by on Aug 2, 2016 in Evidence, Legal Update | 0 comments

ICBC loses claim of privilege over surveillance.

On August 2, 2016, a judge of the BC Supreme Court reversed a master’s order as “an error in law” and ordered ICBC to provide an investigative report and video to the plaintiff, Desiree Nadine Oates. In Oates v. Burton, 2016 BCSC 1428, Ms. Oates was injured in a motor vehicle accident and sued for damages. After retaining a lawyer she applied for disability benefits from ICBC, following which ICBC ordered surveillance. In the context of her injury lawsuit, Ms. Oates sought production of the surveillance and the...

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A court won’t force a plaintiff to give “consent”.

Posted by on Jun 27, 2016 in Evidence, Legal Update | 0 comments

A court won’t force a plaintiff to give “consent”.

On June 27, 2016, a master of the BC Supreme Court found that it is not appropriate for a Court to order a plaintiff to sign a consent form when attending a court ordered independent medical exam. In Gill v. Wal-Mart Canada Corporation, 2016 BCSC 1176, the plaintiff sued the defendant for personal injuries after a slip and fall incident.  In the course of the lawsuit the plaintiff agreed to be examined by a physician of the defendant’s choosing but refused to sign a consent form the physician required.  The defendant asked the Court to order...

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Insurer may be a party to a tort claim.

Posted by on Jun 22, 2016 in Insurance, Legal Update | 0 comments

Insurer may be a party to a tort claim.

On June 22, 2016, a judge of the BC Supreme Court held that a plaintiff’s insurer may be added as a party to a tort action where the tortfeasor’s insurance limits will likely be insufficient, and the plaintiff intends to seek compensation under its insurer’s “underinsured” liability coverage. The case, MacPherson v. White, 2016 BCSC 1151, arose out of a head-on collision between two motor vehicles; one driven by the plaintiff Joseph MacPherson, the other was driven by the defendant, Dallas White. The plaintiff suffered serious...

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Use social media at your peril.

Posted by on Jun 7, 2016 in Evidence, Injury Awards, Legal Update | 0 comments

Use social media at your peril.

On June 7, 2016, a judge of the BC Supreme Court rejected claimed damages in a personal injury lawsuit due, in part, to concerns about the plaintiff’s credibility arising out of Facebook photos entered as evidence at trial. In Brennan v. Colinders, 2016 BCSC 1026, the plaintiff was involved in a 2012 motor vehicle accident for which the defendants admitted fault. The plaintiff claimed that the accident caused chronic problems which continued up to the time of trial. The judge rejected this claim, finding that the collision-related injuries...

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Court punishes defendants for not making admissions.

Posted by on May 25, 2016 in Evidence, Legal Update | 0 comments

Court punishes defendants for not making admissions.

On May 25, 2016, the BC Supreme Court found the defendants at fault for a motor vehicle accident, and ordered that the defendants pay double costs for an “unreasonable” refusal to make admissions of facts sought in a notice to admit. In Ceperkovic v. MacDonald, 2016 BCSC 939, the defendants were sued for damages arising out of an accident involving three motor vehicles.  Prior to trial the defendants were served with a Notice to Admit seeking admission of various facts.  The defendants did not admit all of these facts requiring...

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Plagiarism renders expert report inadmissible.

Posted by on May 19, 2016 in Evidence, Legal Update | 0 comments

Plagiarism renders expert report inadmissible.

On May 19, 2016, a judge of the BC Supreme Court, Mr. Justice Saunders, ruled that an expert report was inadmissible into evidence for numerous reasons, particularly plagiarism. In Anderson v. Pieters, 2016 BCSC 889,  the defence objected to the admissibility of a report produced by the plaintiff’s physician on numerous grounds.  The judge excluded the report stating that he “would not qualify Dr. Sank as an expert capable of offering the opinion evidence tendered in the April Report.” Saunders J. then identified a far more...

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