I. INSURANCE ISSUES
General information of claims practices and company personnel obtained by an insurer's in-house counsel is not the type of confidential information that will disqualify the lawyer from acting as Plaintiff's counsel against the insurer in a bad faith claim.
McMyn v. Manufacturers Life Insurance Co., 2015 BCSC 2 205, per E.M. Meyers J. [4180]
II. LIABILITY ISSUES
Where an owner consents to possession of a vehicle to the driver, conditions on that consent do not bind third parties who are injured or suffer loss.
Fernandes v. Araujo, 2015 ONCA 571 [4179]
III. QUANTUM/DAMAGES ISSUES
A. TMJ, concussion, depression, PTSD, and chronic pain held not to be "minor injuries" within the meaning of the Minor Injury Regulation.
McLean v. Parmar, 2015 ABQB 62, per Eidsvik, J. [4177]
B. In assessing the quantum for loss of future income earning capacity, negative contingencies must be supported by evidence.
Sunner v. Rana, 2015 BCCA 406, per Chaisson, J.A. [4178]
IV. PRACTICE ISSUES
A. Do police need a warrant to access the data on a vehicle's airbag control module without the owner or driver's permission?
R. v. Glenfield, [2015] O.J. No. 1212, per Hambly, J. [4175]
B. Do police need a warrant to access the data on a vehicle's airbag control module without the owner or driver's permission?
R. v. Fedan, 2016 BCCA 26, per Smith, J.A. [4176]
V. SURETY AND BOND ISSUES
Liability of surety in Quebec under a labour and material payment bond consistent with common law principles.
L'Unique Assurances Générales inc., Appelante, c Échafauds Plus (Laval) inc., Intimée, 2015 QCCA 1725 [4174]
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