2 total
Leave to appeal denied; commercial host liability issues regarding foreseeability and duty of care require trial.
The moving parties, two commercial establishments, sought leave to appeal the dismissal of their motions for summary judgment.
The plaintiff had sustained a severe traumatic brain injury after falling down stairs at a rented chalet following a night of drinking at the moving parties' establishments.
The moving parties argued their duty of care ended when the plaintiff reached the chalet.
The court dismissed the motions for leave to appeal, finding no reason to doubt the correctness of the motion judge's decision that foreseeability of risk and the sobriety of the plaintiff's companions were issues requiring a trial.
Arbitrator awards second $10,000 death benefit to father, finding SABS allows multiple payments to qualifying dependants.
The applicant's daughter died in a motor vehicle accident.
The insurer paid a $10,000 death benefit to the deceased's mother, but denied a second $10,000 death benefit claimed by the applicant father.
The arbitrator interpreted subparagraph 25(2)(5)(i) of the Statutory Accident Benefits Schedule and found that it allows for multiple $10,000 payments to each person who qualifies as a person in respect of whom the insured was a dependant.
The arbitrator ordered the insurer to pay the applicant the $10,000 death benefit with interest.
The applicant's claim for a special award was dismissed because the law on the provision was unsettled, meaning the insurer did not unreasonably withhold payment.
