Last week’s Court Rulings from the Alberta Court of King’s Bench, Court of Appeal and SCC.
Edited by Amanda Kostek and Christie Dewar
Canadian Life and Health Insurance Association Inc v Thomson, 2023 ABCA 340
Life Insurance | 10 day Cancellation Clause | Intervenor Status
Canada Life was denied intervenor status in an upcoming appeal regarding the interpretation of a 10 day cancellation clause in a life insurance policy. The appeal was slated to be heard November 28, 2023.
Elrafih v 504147 Alberta Ltd., 2023 ABCJ 250
Negligent Misrepresentation | Engine Oil Type
This was a claim against BMW dealership for negligent representation as a result of catastrophic engine damage to a 2006 BMW M5 following the use of 5w30 engine oil. The Plaintiff alleges he was told to switch to 5w30 by the Defendant’s parts person. A key witness, a third party responsible for oil changes, could not be located. Ultimately, the Court was not satisfied that a misrepresentation had been made, and if it had, it was not reasonable for the Plaintiff to follow any oil related advice without checking the user’s manual. Finally, the Plaintiff failed to prove a causal link between the oil used and damage caused.