Gammond v. Desjardins Financial Security Life Assurance Company, 2021 ONSC
Is the plaintiff subject of a collective agreement that mandates arbitration as the dispute resolution process under a disability insurance policy? The plaintiff seeks a declaration she is entitled to indemnity under a disability policy issued by Desjardins and damages for breach of contract, breach of fiduciary duty, negligence and/or bad faith. Desjardins defends on the basis that, at all material times, Tanya’s terms and conditions of employment were covered by a collective agreement. As such, this court lacks jurisdiction to hear the matter and any disputes as to her entitlement to disability benefits should be determined by an arbitrator.
Brown v. Sovereign General Insurance Company, 2021 ONSC
In this application, the Applicant, Patrick Brown sues Sovereign General Insurance Company (“Sovereign”) for indemnification for the defence costs he incurred in defending a defamation lawsuit. Excellemt discussions on contract interpretations and who is an insured under an insurance policy.
Breen v. The Corporation of the Township of Lake of Bays, 2021 ONSC
In 1999, plaintiffs purchased a cottage property. In 2011-2012, the plaintiffs decided to perform renovations including a significant addition to the kitchen of the Cottage. During the construction process of the addition, the plaintiffs’ designer/architect discovered several structural issues. As a result, the plaintiffs commenced an action against the defendant for negligent building inspections and breaches of the defendant’s legal duty. The court held that the defendant is responsible for damages suffered by the plaintiffs.
Howell v Strutt, 2021 BCSC
In this claim for damages arising from a motor vehicle accident, the threshold issue is the apportionment of liability for the accident among the Plaintiff, the Defendant Strutt and the RCMP. The Plaintiff says one or both Defendants are wholly responsible for the accident. The Defendants say the Plaintiff is wholly responsible. Additionally, the Plaintiff's claims under every head of damages are in dispute.
Terrigno v Butzner, 2021 ABCA
A defendant in a defamation action is not generally responsible for republication of the alleged defamation by a third party, but “can be liable for each republication of their initial publication in at least
Allnutt v Carter, 2021 ABQB
Plaintiff commenced his action against bar/restaurant owners in negligence as an occupier. The Plaintiff was viciously attacked by another patron in the bar’s washroom. Attacker was intoxicated and his attack was unprovoked. Plaintiff seeks to hold bar responsible as a commercial host. Summary dismissal against bar.
Sunshine Village Corporation v Boehnisch, 2021 ABQB
Boehnisch worked for many years as an employee of Sunshine. Despite her desire to continue her career at Sunshine, Boehnisch was not rehired for the 2013 season. Boehnisch lodged a discrimination complaint with the Alberta Human Rights Commission (the “Commission”), alleging that Sunshine had discriminated against her on the basis of age, sex, and perceived physical disability.
Maio v. Kapp Contracting Inc., 2021 ONSC
The plaintiffs were under no obligation to sue every person on the face of the earth who might bear some responsibility for the incident. The plaintiffs selected the three parties that they selected for reasons sufficient to them. This motion on its face is a motion under Rule 21 of the Rules of Civil Procedure seeking a determination of the effect of a Pierringer Agreement
