William Thomas McGrenere

The respondent was rendered a partial quadriplegic after diving off a groyne into shallow water at a public beach.

The trial judge apportioned liability 75% to the respondent and 25% to the appellant city for failing to post warning signs.

The city appealed, arguing the trial judge made a palpable and overriding error regarding the location of warning signs at another beach and erred in finding a duty to warn and causation.

The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the trial judge's conclusion that the city breached its duty of care as an occupier and that a warning sign would have deterred the respondent.

The appellant appealed a summary judgment dismissing its counterclaim and cross-claim in a patent dispute.

The Court of Appeal allowed the appeal, finding that the motions judge erred by assessing credibility, weighing evidence, and making findings of fact on disputed issues, which are functions reserved for the trier of fact.

The motions for summary judgment were dismissed and the matter was sent to trial.

The insured claimed for the theft of a vehicle under his automobile insurance policy.

The vehicle was later found submerged in water, and the insured's mechanic retrieved and completely dismantled it before the insurer could inspect it.

The insurer denied the claim for breach of statutory conditions.

At trial, a jury awarded the insured compensatory and punitive damages, finding the insurer wrongfully refused to pay and acted reprehensibly.

The Court of Appeal allowed the insurer's appeal, setting aside the punitive damages and costs, holding that the jury's verdict was unreasonable as the evidence clearly showed the insurer was denied a reasonable opportunity to inspect the vehicle and there was no evidence of malicious or high-handed conduct by the insurer.

The Applicant sought weekly income benefits following a motor vehicle accident.

The Insurer terminated benefits, arguing the Applicant was no longer substantially unable to perform his employment tasks.

The Arbitrator found the Applicant to be highly unreliable, noting he had worked as a meat cutter for six weeks following the accident while claiming total disability, and had fabricated employment records.

Relying on the objective medical evidence and the Applicant's extensive pre-existing back issues, the Arbitrator concluded the Applicant was not significantly injured in the accident and was never entitled to the benefits received.

The Applicant was ordered to repay $25,660.07 to the Insurer.