Written by F. Richard Gosse. Background The concept is not new – parties committing to provide work or services decide to write down what each expects of the other: a scope of work, a mechanism for payment, some general provision for timelines, changes, and warranties or the like. More sophisticated engagements may (or may not) […]
Introduction Artificial intelligence holds the promise of delivering new waves of efficiency and productivity in the workplace, but it also carries risk for employers who don’t mitigate operational, reputational, and legal risks associated with unauthorized use. Generative AI platforms such as ChatGPT, Google Gemini, and Microsoft Copilot are free tools at the fingertips of employees. […]
Introduction The recent ruling against Air Canada by the Civil Resolution Tribunal of British Columbia has sent ripples through the business and legal communities. The case centered around misinformation provided by Air Canada’s chatbot, leading to a landmark decision on AI accountability. This article delves into the case’s specifics, the tribunal’s reasoning, and the broader […]
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
In Balsom v. Rideout, 2022 NLCA 20, Cox & Palmer was successful in the appeal of a lower court decision which denied an application to dismiss the action for being commenced outside the limitation period. There were two broad issues: (1) whether an insurance adjuster’s communications were protected by settlement privilege, and (2) if not, […]
In 6362222 Canada Inc. v Prelco Inc., 2021 SCC 39 (38904) (“Createch v Prelco“), the Supreme Court of Canada considered the issue of whether a limitation of liability clause in a contract between the two parties was invalid on the basis of the doctrine of breach of a fundamental obligation. The Court ultimately held that […]
Product liability claims are often rooted in provincial sale of goods legislation. Sale of goods statutes afford consumers a set of protections, which are fairly uniform across jurisdictions. Depending on the circumstances of the case, a manufacturer faced with a sale of goods claim may have a number of available defences. The absence of contractual […]
Introduction Product liability law is the name placed on a combination of several branches of the law, including contract, tort, government regulation, damages, and insurance. It is based on the theory that consumers rely on producers and sellers to ensure products are safe for use. This leads to a wide range of claims, issues and […]
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 […]