Insurance statutes and policies provide for the resolution of claims in a multitude of ways, thus necessitating the need for insurers to identify the relationship between claims with a view to the efficient and effective resolution thereof. This article discusses the upcoming introduction of yet another means by which insurance claims may be satisfied, being […]
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
As a result of the Cannabis Act, cannabis was legalized on October 17, 2018. Prior to that, cannabis was regulated under the Controlled Drugs and Substances Act. There was, however, a legal exemption for the medical use of cannabis. Despite the recent legalization of cannabis, a framework for access to cannabis for medical purposes still exists, but under new regulations passed under the authority of the Cannabis Act.
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 […]
The recent decision of the Nova Scotia Supreme Court in Saccary v Vonhammerstein presents an interesting issue on independent medical examinations (IMEs) at the request of Section A insurers.
On January 1, 2018, the Province of New Brunswick repealed the Municipalities Act and replaced it with the Local Governance Act.
In Rankin (Rankin’s Garage and Sales) v. J.J., 2018 SCC 19, the Supreme Court of Canada clarified how it will interpret existing duties of care, in the context of a personal injury arising from the theft of a vehicle stored at a commercial garage, and the evidentiary requirements for establishing novel duties of care.
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.
Rule 30.10(1) of the Prince Edward Island Rules of Civil Procedure allows for production of documents in the possession, power or control of non-parties where the document is not privileged and a) the document is relevant to a material issue in the action and b) it would be unfair to require the moving party to proceed to trial without the documents.