The Court held that due to ambiguity in the language of the policy, “in transit” coverage was included in the insurance policy. The Court also held that the insurer was negligent in failing to provide the insurance coverage applied for by the insured. The agents were negligent in failing to advise the insured of the lesser coverage. The insured was not contributorily negligent in failing to read the policy of insurance.

27. September 2005 0
Audio Works Production Services Ltd. v. Canadian Northern Shield Insurance Co., [2005] M.J. No. 348, Manitoba Court of Queen’s Bench

After a hearing, the Judge found that because the Plaintiff was a person who “is or would have been” entitled to Part 7 benefits, the Court was required to estimate his entitlement to future Part 7 benefits, and deduct them from the tort award, even if the Plaintiff may never receive those benefits. The Judge also found that the statutory discount rate set by s. 56 of the Law & Equity Act provided no basis for a “top-up” on the award of future pecuniary damages.

12. September 2005 0
Sovani v. Jin, [2005] B.C.J. No. 1979,  British Columbia Supreme Court