Some memory tricks
Sorry for the late post folks! Hopefully if you're struggling with cases these memory tricks will help!
PLEASE if there's any errors or anything important missing: post below and we can build more out together!
Case
[memory trick]
notes
Citizens Insurance v Parsons
[First 'citizens' of Canada deciding federal vs provincial powers]
Saadati v Moorhead
['sad' that he 'mo(t)or'(ed) into his 'head']
Notes: saadati was a very happy person before the accident, then after he was very sad. Family and friends noticed this and their testimony was enough to grant eligibility for non-pecuniary (general) mental damages.
The order of events goes sad (injury), happy (won trial), sad (lost appeal), happy (won supreme court).
Precision Plating x AXA Pacific Insurance
[PREC = Pollutants Referencing Escaped Chemicals]
[Plating = Defense] (case is about if insurer has duty to defend)
Belanger v Sudbury
['Bel' has 'Anger' that 'Sud-Buried' Her in snow]
[Bell wins Both]
Notes: OK it was ice but still close enough right?
Belanger won both trial and appeal.
Kusnierz v Economical
...this one's a little far out, stick with me.
Kusnierz is Polish for "Furrier"
Pole reminds me of leg. Furrier reminds me of cats.
[KURNIERZ = Insured lost a leg(pole), sought CAT(furrier) impairment classification]
Notes: Kusnierz lost trial then won appeal - just like his leg, lost one the kept (won) one.
If you're still reading then maybe I'm not crazy...
..
Maybe?
Aviva v Pastore
[PASTO = Claimant trying to get "Past O'ntario's" minor injury classification]
P.S. claimant won PS! So first letters are PAS - claimant won P(trial), lost A(appeal), won S(supreme court)
PIPEDA Report of Findings
[Insureds 'piped' up when insurer used their credit score for rating]
Morrow v Zhang
[Mark tripped wearing a 4k cap]
Notes: so I have a friend named Mark Morrow. So I spent 3 minutes imagining a detailed scenario where he walked into the room wearing a cap that says 4K. Then he trips, hurts himself, and the cap falls off. Then he puts cap back on.
The case in question is challenging legislation to cap minor injuries (like tripping) at $4000.
2 Rulings: cap is struck down (falls off) but then is determined legal (hat back on head!)
Resurface Crop v Hank
[Resurfacing is what zambonis do to ice]
Rulings went defendant, plaintiff, defendant. That's how I like my hockey games; back and forth for 3 periods.
Hockey is played on ice. I'm at least Canadian enough to know that.
Alie v Bertrand Frere Construction
(There's only one construction case so this should be easy)
[Alliestrasza casts ice block - defense costs 3]
Notes: I play hearthstone and one of my favourite streamers is named "Allie". So I imagine her casting a trap/secret spell that "costs" 3 and gives lots of "defence" when "triggered". This case is abouts costs, triggers, and defense:
Issue 1: Which policies (coverage years) are "triggered"?
Issue 2: How are "Defense Costs" allocated between primary and excess insurers?
KP Pacific v Guardian
[KP = Kept (back) Perils, G(guardian) = "General"]
Notes: The insured "kept" back their claim reporting until well after the "peril" (cause of loss) was determined.
Issue: does the 1yr time limit apply to fire provisions or "general" provisions? The answer is Guardian = General!
Rulings:
KP = Kept! The insured "kept" pushing through after losing 2 rounds (trial, appeal) and eventually won the third (supreme court)!
Amos c ICBC
[AMOS = a$$ in seat? you're covered!}
Notes: When going on road trips, my dad would always yell: "Butt in seat: 5 minutes!!" except he didn't say butt.
I should mention here that my father is a very kind, gentle soul so this yelling was comedic effect.
Anyway this case the person was sitting in their car when shot, A$$ in seat means he's covered!
Also reminds me of a certain celebrity jeopardy SNL skit... An album cover... anyone?
Anyways this trial was a real pain in the 'you know what' so it took 3 tries for the insured to win.
Insured lost trial, lost appeal, won in supreme court.
Nichols v American Home Assurance
[Nichols = NiKolas F-H. F-H = Fraud - Have duty to defend]
My best friend growing up (and to this day) is Nikolas Friesen-Hughes (FH). So I use him.
My friend Nik is not a lawyer (although the insured was). Anyways because my Nik isn't a lawyer he ended up losing this one, although not until supreme court so not bad buddy!
Salsalone v Wawanesa
[Sansalone = Stands Alone]
Notes: If you sexually harass teenagers on the bus, you're on your own. No insurer's going to stand with you.
Rulings: Salsal(one) won 'one'.
Then Wawa won one.
No Supreme court in this case
Somersall v Scottish & York
[Somersall = 'Some are all" too quick to sign limits agreements]
Whitten v Pilot Insurance Co
[Pilots firing at Whitten. Whitten runs for a nearby settlement]
Notes: I picture a battle between this little guy Whitten and a Pilot flying an aircraft.
The pilot has heavy machinery and is "FIRING" shots at little whitten who just has a slingshot to fight back. Whitten, clearly outgunned, runs for shelter in a nearby "settlement".
This case involves an insurance company (pilot) using their huge resources to force Whiten into a "settlement"
The case revolved around a house fire.
Key words: Pilot, Fire, Settlement