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No duty to investigate information from insured.

Posted by on Jun 30, 2015 in Insurance, Legal Update | 0 comments

No duty to investigate information from insured.

On June 30, 2015, the Nova Scotia Supreme Court held that an insurer has no duty to investigate the information provided by the insured to unearth misrepresentations by the insured.  A broker was held liable for failing to make inquiries into whether an insured’s representative who completed the insurance applications had the necessary training or experience to do so and if not to discuss the benefits of property inspections with him. The insured was apportioned 50% liability for failing to ensure that its representatives handling...

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Appeal Court reduces punitive damages for bad faith.

Posted by on Jun 19, 2015 in Bad Faith, Legal Update | 0 comments

Appeal Court reduces punitive damages for bad faith.

On June 19, 2015, the Saskatchewan Court of Appeal reduced awards of extra-contractual damages made on March 21, 2013. The trial decision of a Justice of the Saskatchewan Court of Queen’s Bench assessed punitive damages totalling $5,000,000 against two insurers in a recent trial decision, Branco v. American Home Assurance et. al., 2013 SKQB 98. In rendering a decision in which he found the insurers’ treatment of the insured to be “calculated and abhorrent”, Justice Acton sent a message to all insurers doing business in Canada: “It is hoped...

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$75,000 For chronic back pain.

Posted by on Jun 16, 2015 in Injury Awards, Legal Update | 0 comments

$75,000 For chronic back pain.

In Renaerts v. Renaerts, 2015 BCSC 1028, a 24 year old plaintiff was injured as a passenger in a 2009 collision. She sustained a variety of injuries that made a quick recovery but also sustained a back injury which remained symptomatic to the time of trial and had a generally guarded prognosis. In assessing non-pecuniary damages at $75,000 Mr. Justice Brown provided the following reasons: [215] Given accepted evidence as a whole, I agree with Mr. Shew that rehabilitation should focus on healthy activity, core strengthening, and a guided...

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Judge: ICBC’s expert “careless” if not “deceptive”.

Posted by on Jun 5, 2015 in Evidence, Legal Update | 0 comments

Judge: ICBC’s expert “careless” if not “deceptive”.

In Hendry v. Ellis, 2015 BCSC 1186,  the plaintiff was injured in a collision and sued for damages. The defendant’s insurer retained a doctor who minimized the connection between the plaintiff’s complaints and the collision. At trial, through cross examination, the doctor made various admissions beyond the borders of the opinion contained in the report. In criticizing the physician’s opinion as “careless” if not outright “deceptive” Mr. Justice Jenkins provided the following reasons: [26] Expert evidence tendered at trial was that the...

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$150,000 for bilateral wrist and femur fracture.

Posted by on Jun 2, 2015 in Injury Awards, Legal Update | 0 comments

$150,000 for bilateral wrist and femur fracture.

On June 2, 2015, the BC Supreme Court assessed damages for bilateral wrist fractures leading to permanent partial dysfunction and a femur fracture. In Ishii v. Wong the plaintiff was involved  in a 2012 motorcycle collision caused by the defendant.  He sustained fractures to both wrists, and his right femur. These injuries requires surgical intervention including the installation of hardware in both wrists and his right leg.  His dominant wrist did not fully heal and was left with permanent dysfunction.  In assessing non-pecuniary damages at...

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Insuring both tortfeasor and victim creates conflict.

Posted by on Apr 24, 2015 in Insurance, Legal Update | 0 comments

Insuring both tortfeasor and victim creates conflict.

On April 24, 2015, a 3-judge panel of the Ontario Superior Court of Justice – Divisional Court, held that where an insurer insures both the tortfeasor for liability coverage and the victim for accident benefits, the insurer should set up a firewall so that information gathered by it regarding the accident benefits claim is not available in the tort action. In Dervisholli v. Cervenak the plaintiff insured was involved in a motor vehicle collision. The insurer insured both the plaintiff’s vehicle and the defendant’s vehicle under...

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Manulife tried to use maternity leave to reduce bonus, and lost.

Posted by on Apr 22, 2015 in Insurance, Legal Update, Manulife Cases | 0 comments

Manulife tried to use maternity leave to reduce bonus, and lost.

On April 22, 2015, the Supreme Court of British Columbia ordered Manulife  to pay damages of over $140,000 to a recruiter of financial advisors in a wrongful dismissal suit. The decision is noteworthy in that the court refused to allow Manulife to use its employee’s maternity leave as a reason to reduce her bonus payment. In Sowden v. Manulife Canada Ltd., the court ruled that Manulife owes damages to former employee Janice Sowden after she was dismissed in a “corporate restructuring”. In an earlier decision the court ruled, after...

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The “Standard of Proof” does not change for subjective injuries.

Posted by on Apr 16, 2015 in Evidence, Legal Update | 0 comments

The “Standard of Proof” does not change for subjective injuries.

On April 16, 2015, the BC Supreme Court confirmed that the standard of proof does not change for a tort claim based on subjective soft tissue injuries. In Rabiee v. Rendleman, 2015 BCSC 595, the plaintiff was involved in a 2008 rear end collision. The defendant admitted fault but disputed injury pointing in part to the fact that the collision was minor. In accepting the plaintiff sustained soft tissue injuries and assessing non-pecuniary damages at $40,000 Madam Justice Sharma provided the following comments about the standard of proof in low...

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$100,000 for soft tissue injuries with psychological aspect.

Posted by on Apr 1, 2015 in Injury Awards, Legal Update | 0 comments

$100,000 for soft tissue injuries with psychological aspect.

On April 1, 2015, a judge of the BC Supreme Court assessed damages for a chronic pain condition stemming from collision related soft tissue injuries. In Karim v. Li the plaintiff was injured in a 2011 collision.  The defendant accepted fault for the crash.  The plaintiff suffered various soft tissue injuries which, coupled with psychological consequences, resulted in an ongoing chronic pain condition.  In assessing non-pecuniary damages at $100,000 Mr. Justice Abrioux provided the following reasons: (a) prior to the Accident, Mr. Karim was a...

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Young child need not be examined for discovery.

Posted by on Mar 12, 2015 in Evidence, Legal Update | 0 comments

Young child need not be examined for discovery.

On March 12, 2015, a judge of the BC Supreme Court dismissed a defense application to conduct an examination for discovery of an 8 year old plaintiff in a motor vehicle accident lawsuit. In Dann-Mills v. Tessier, 2015 BCSC 386, the plaintiff was injured involved in a serious motor vehicle accident when he was 17 months old, allegedly suffering a serious traumatic brain injury.  A lawsuit was brought on his behalf by a litigation guardian.  The defendants sought a court order compelling the child to undergo an examination for discovery.  The...

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