In a recent article, (In New Brunswick, When Do You Become “Common-Law”?), we discussed how long it takes to become common-law in New Brunswick. In that article, we mentioned that common-law couples do not have the same rights as married couples, and there is no presumption of equal division of property on separation. However, you […]
These days, almost every couple lives together for a period of time before they get married, and more and more couples are deciding to never get married at all. We get a lot of questions about common-law status, such as how long does it take to become “common-law”, what does it mean, and do we […]
Background After suffering injuries in a motor vehicle accident, the plaintiff was placed off work and provided with loss of income benefits under Section B of her policy through Aviva. The plaintiff received these benefits for 104 weeks. She was subsequently cleared to return to work and did so for the following 13 months, before […]
On Friday, December 1st, 2022, a panel of Cox & Palmer insurance lawyers from across the region presented our Case Law Update: Recent Key Decisions in the Atlantic Provinces Webinar, which covered current developments and recent key decisions in the region, from the last couple of years. Access Paper Here
Business owners or the spouse of a business owner encounter unique considerations when facing a divorce. The Marital Property Act’s Treatment of Business Assets The New Brunswick Marital Property Act, RSNB 2012, c 107 [hereinafter the “Marital Property Act”] exempts business assets from division with a spouse upon the breakdown of a marriage. Business assets […]
The breakdown of a marriage or relationship can be an overwhelming and tense time for the family unit. It is a financial, emotional and legal crisis. A drawn out legal proceeding can come at a high financial and emotional cost and it can further damage an already strained relationship. While an aggressive legal strategy may […]
On Tuesday, November 17, 2020, a panel of Cox & Palmer insurance lawyers from across the region presented our Defence of Slip, Trip and Fall Liability Claims 101, which covered a review of the fundamentals of the law, including evidentiary basics, standards, approaches and strategies associated with the defence of slip, trip and fall liability […]
The recent decision of Justice Fred Ferguson, Mercure v Kaat Auto Sales, 2020 NBQB 39 (CanLII), (“Mercure v Kaat Auto Sales”) is another reminder to parties to think carefully before filing a Small Claims action in New Brunswick. Background In New Brunswick, a litigant can commence a Small Claim so long as the monetary amounts […]
As of January 1, 2017, Rule 22 of the New Brunswick Rules of Court for ‘Summary Judgment’ was repealed and replaced. Rule 22 for Summary Judgment has now been transformed from a means to weed out unmeritorious claims to a significant alternative model of adjudication.
Canadian labour legislation, such as the New Brunswick Industrial Relations Act, is designed to provide employees with the opportunity to establish, and protect, bargaining rights.