Richard J.T. Shaheen

The appellant sold corn to the respondents, stating it was 'good corn'.

The corn contained toxic substances and caused damage to the respondents' pigs.

The trial judge found that the appellant's statement constituted a warranty that the corn was suitable for feeding to pigs, and awarded damages of $36,500.

The Court of Appeal dismissed the appeal, holding that it was open to the trial judge to conclude that the appellant assumed the risk that the corn would not be suitable for the respondents' pigs.

The applicant was injured in a motor vehicle accident and received weekly disability benefits from the insurer.

The insurer terminated benefits 104 weeks after the accident, arguing the disability test changed from partial inability to complete inability.

The applicant applied for arbitration, arguing the 104-week period should be extended because he was not partially disabled for a portion of that time, and that he later met the complete inability test.

The arbitrator held that the 104-week period runs continuously from the onset of disability, and because the applicant did not meet the complete inability test at the 104-week mark, he was not entitled to further weekly disability benefits.

The applicant, a self-employed farmer, was injured in a motor vehicle accident and received weekly income benefits from the insurer.

The insurer terminated benefits after 156 weeks, arguing the applicant did not meet the stricter test of disability under section 12(5)(b) of the Statutory Accident Benefits Schedule.

The arbitrator found the applicant was continuously prevented from engaging in suitable employment and remained entitled to benefits.

The arbitrator also accepted the applicant's accountant's calculation of gross weekly income, which treated the value of exchanged family labour as a ceasing business expense.

Finally, the arbitrator held that the insurer was not entitled to repayment of an initial overpayment, as the error resulted from the insurer's interpretation of the legislation rather than any material act or omission by the applicant.