2023 Case Law Update – Our Regional Insurance Group is pleased to provide the 2023 Case Law Update, covering developments and key decisions in Atlantic Canada from the last year. Access Publication Here
The presence of ice during the winter in New Brunswick is not unusual. Neither are slip and falls. Every year, business owners run the risk that an individual might slip and fall on their property, suffer an injury, and bring a legal action against them, as the owner of the property, for damages. These damages […]
Insurance litigation Case Law Updates from across the region.
What Is “Absolute Liability”? Absolute liability is the obligation of an insurer to indemnify an innocent third party who was injured by an insured, while the insured was in violation of the insurance policy. Under the absolute liability provision of the Insurance Act, RSNB 1973, c I-12, [the ‘Act’], the insurer may deny coverage to […]
Written by David G. O’Brien, KC. The recent decision of the New Brunswick Court of Appeal in Higgins v. Arseneau, 2019 NBCA 21, will be of interest for anyone involved with fatality claims in New Brunswick. The Court upheld the trial decision dismissing a claim brought on behalf of siblings for loss of inheritance arising […]
In White v. Meiting,1 the Supreme Court of Newfoundland and Labrador denied a plaintiff’s application for an advance or periodic payment. In doing so, the court clarified the criteria which must be satisfied by a plaintiff who seeks an advance payment of special damages pursuant to Rule 44A of the Rules of the Supreme Court, […]
In Fraser v. Runighan 2018 PESC 261, Chief Justice T. L. Clements of the Supreme Court of Prince Edward Island considered, for the first time on PEI, a motor vehicle accident plaintiff’s motion2 for an advance payment under Rules 20.10 – 20.12 (now Rule 22.1) of PEI’s Rules of Civil Procedure. Background Pursuant to Rule […]
A recent Nova Scotia Supreme Court case, Gale v Purcell, 2018 NSSC 319, demonstrates how the credibility of a plaintiff can play a central role in assessing causation in a motor vehicle accident. Background On September 19, 2006, the Plaintiff, Angela Marie Gale (“Gale”) sustained injuries in a motor vehicle accident (“2006 MVA”). On March […]
In Ryan v. Curlew, 2018 NLSC 72, the Supreme Court of Newfoundland and Labrador assessed damages in the context of a personal injury claim.
In Bent v. MacFarlane, contradictions in Bent’s self-reporting and her lack of attempt to seek a medical resolution to an alleged chronic pain syndrome proved extremely limiting to her claim for damages.